FRANCE - Transcrime

Transcription

FRANCE - Transcrime

THE FACTBOOK ON THE
ILLICIT TRADE IN TOBACCO
PRODUCTS
Francesco Calderoni
Monica Angelini
Serena Favarin
Marina Mancuso
Martina Rotondi
directed by: Ernesto U. Savona
8
FRANCE
France
Francesco Calderoni
Monica Angelini
Serena Favarin
Marina Mancuso
Martina Rotondi
Series: The Factbook on the Illicit Trade in Tobacco Products
Issue 8
Series editor: Ernesto U. Savona
Transcrime – Research Centre on Transnational Crime
Università Cattolica del Sacro Cuore di Milano
Largo Gemelli, 1 – 20123 Milano (Italy)
Phone: +39 02 7234 3715 / 3716; Fax: +39 02 7234 3721
www.transcrime.it
2016
ISBN: 978-88-99719-02-9
Suggested Citation: Calderoni Francesco, Monica Angelini, Serena Favarin, Marina Mancuso and Martina Rotondi.
France. The Factbook on the Illicit Trade in Tobacco Products 8. Transcrime, 2016
© 2016 Transcrime – Research Centre on Transnational Crime
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form
or by any means electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the
author.
Credits: Giorgio Savona (cover and picture p.17), Chris Eisenbahner (picture p.45) creative commons license
Graphic project: Ilaria Mastro – Transcrime
TABLE OF CONTENTS
Transcrime
1
The Factbook on the illicit trade in tobacco
products
3
Acknowledgments
5
Executive summary
7
Introduction
Why focus on the ITTP in France?
What can be found in this report? Chapter 1: The five drivers Society and economy
Legal market
Regulation
Crime environment
Enforcement
Chapter 2: The four components
The demand
The supply
The products
Modus operandi and geographical distribution
Chapter 3: Framing the components in the drivers
Introduction: the four key factors
Economic Accessibility
Availability
Profitability
Risk
13
13
14
16
17
21
29
39
45
54
55
58
61
68
76
77
78
79
81
82
Conclusions
85
References
89
6
TRANSCRIME
Transcrime is the Research Centre on Transnational
The Centre also plays an important role in the support
Crime of Università Cattolica del Sacro Cuore of Milan.
and development of educational activities at Università
The Centre, directed by Ernesto U. Savona, Professor
Cattolica del Sacro Cuore of Milan. Its principal aim is to
of Criminology at Università Cattolica, represents the
achieve close integration between scientific innovation
multiannual union between experience and innovation in
and academic education. In particular, since the
the field of criminological research.
academic year 2005/06, Transcrime has managed an
MA programme dedicated to crime and security (until
academic year 2012/13, the curriculum Crime&Tech:
point of reference in the criminological field. The vision of
Crime Sciences and Technologies for Security within
the Centre is to increase knowledge in the criminological
the MA in Applied Social Sciences; since the 2013/14
field and in the prevention of crimes, developing
academic year curriculum POLISI: Policies for security
innovative ideas and cutting-edge techniques.
within the MA in Public Policy). In addition, the Centre
has contributed to the development of the International
Transcrime combines its experience in applied research
Ph.D. programme in Criminology, coordinated by
with the consolidated scientific tradition of Università
Professor Francesco Calderoni (Università Cattolica del
Cattolica del Sacro Cuore, mixing a practice-oriented
Sacro Cuore), which is currently the only doctoral course
approach with a profound understanding of criminal
dedicated to Criminology in Italy.
phenomena. Through this experience, it developed a solid
network of relationships in the academic field, institutions,
Transcrime is an independent academic centre. It
international organisations and businesses.
pursues an autonomous research agenda, which may be
developed also through contracts and funding by private
and public local, national and international institutions.
The source of funding is always made public through
Transcrime’s website.
1
The factbook on the illicit trade in tobacco products
Transcrime aims at being a national and international
FRANCE
Official website: www.transcrime.it
2
THE FACTBOOK ON
THE ILLICIT TRADE IN
TOBACCO PRODUCTS
This report is part of the project The Factbook on the
The information gathered for this report originates
Illicit Trade in Tobacco Products (henceforth, ITTP).
from academic literature, grey literature, open sources,
questionnaires and interviews with experts and
The project has been developed by Transcrime after the
stakeholders. The data-gathering phase of the project
Round Table on Proofing EU Regulation against the Illicit
encountered major difficulties due to the number of
Trade in Tobacco Products hosted by Università Cattolica
sources, institutions and stakeholders involved.
del Sacro Cuore of Milan on 5 May 2011. During the
Round Table, participants (researchers and policymakers
The results of the report do not claim to be exhaustive or
with experience in the field of the illicit trade in tobacco
an accurate reflection of criminal practices. They provide
products) agreed on a research agenda concerning the
an initial assessment of the ITTP in France and a starting
ITTP (Transcrime 2011). Items 3 and 6 of the research
point for future research.
agenda focused on the need for better analysis of the
As a concerned stakeholder in the fight against the illicit
legal and illicit part) and on how licit and illicit markets
trade in tobacco products, Philip Morris International
vary across different countries and regions. Given these
(PMI) welcomed Transcrime’s initiative to develop the
considerations, Transcrime has developed the Factbook
Factbook on the ITTP with financial support and the
on the ITTP, a multi-annual research plan providing
provision of data. However, Transcrime retained full
detailed analyses of the ITTP and of its relations with
control and stands as guarantor for the independence of
the legal market and other socio-economic and political
the research and its results. Information and data for the
factors in a number of countries around the world.
study have been collected by Transcrime and have not
been shared with PMI.
The aim of the Factbook is to provide an innovative
instrument to shed light on the complex mechanisms
behind the ITTP in different countries. This report
focuses on France.
Tobacco consumption is undoubtedly a danger for human
health, and governments should carefully regulate the
tobacco market. Illicit tobacco avoids state regulation and
taxation and may jeopardise tobacco control policies.
The Factbook will contribute to raising awareness
the strategies available to prevent it. The Factbook
has been developed for a wide readership ranging from
policymakers and academics to interested stakeholders,
with the intention of providing support to develop
knowledge-based debates and policies on the ITTP.
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about the global importance of the ITTP and about
3
tobacco market by taking account of its dual nature (i.e.,
4
ACKNOWLEDGEMENTS
5
des Drogues et des Toxicomanies–OFDT), Jean–Paul Vaslin,
Christine Valenta and Luc Cardet (Le Losange).
Special thanks go to Aurélie Lermenier (Observatoire Français
FRANCE
6
EXECUTIVE SUMMARY
This report provides the French country profile of the
project The Factbook on the Illicit Trade in Tobacco
Products. In France, the illicit trade in tobacco products
is a key issue due to its high penetration in the French
tobacco market, reaching 14.7% of total consumption in
2014 (KPMG 2015). Tobacco control policies are at the
top of the French policy agenda, and a national action
plans against the ITTP was launched in 2011. Moreover,
the recent ratification of the Protocol Against Illicit Trade
in Tobacco Products (WHO FCTC), in November 2015,
demonstrates France’s commitment to tackling the illicit
trade. The growing attention of the French Customs to
tobacco smuggling is evidenced by the increasing number
of seizures.
WHAT CAN BE FOUND IN THIS
REPORT?
This report is updated at December 2015. It is organised
••Chapter one deals with the five drivers of the ITTP:
society and economy, the legal market, regulation,
the crime environment and enforcement. The
drivers are important areas whose structures may
positively or negatively impact on the ITTP. To
enable comparison with other country profiles, five
key indicators have been selected for each driver.
The data for the driver indicators come from
comparable sources (latest available years). When
possible, the report provides the most up-to-date
data from national sources.
of the ITTP: demand, products, supply, modus
operandi and geographical distribution.
••Chapter three identifies the key factors of the
ITTP in France and frames the drivers in the
components, analysing how different elements of
the drivers influence the components of the ITTP.
country, highly developed, and with a low income
inequality rate. Relative poverty among the French
population is low in comparison with other highincome OECD members, and its GDP per capita
has increased in the past decade. Nevertheless, the
global recession and the economic crisis have hit the
country severely. Unemployment rates grew until 2014
and then remained stable. France spends a large
share of its GDP on education and health, and the life
expectancy rate is one of the highest in the world.
••Legal market: The French tobacco market is one
of the largest in Europe, the Middle East and North
Africa, despite the decreasing trend in tobacco sales
7
in the last few years. France is a major European
producer of tobacco products, but it is also a large
importer of cigarettes. Tobacco consumption in
France is high compared with the global average.
The majority of smokers prefer cigarettes, but HRT
is becoming increasingly common. The price of
cigarettes has increased significantly in the past
decade, and the proportion of French people buying
tobacco products in neighbouring countries has
increased.
••Regulation: Regulation of the tobacco market is high
in France, and the country has one of the strongest
anti-smoking lobbies in Europe. Overall, taxation
on cigarettes is high and the country has invested
a significant amount of resources in tobacco control
policies. There is a high level of control on the supply
chain as well as on tobacco consumption and sales.
The control of tobacco marketing and promotion is
medium-high.
FRANCE
••Chapter two focuses on the four components
••Society and economy: France is a multicultural
into three chapters:
THE FIVE DRIVERS
Executive Summary
••Crime environment: France has low crime levels,
••Modus operandi and geographical distribution:
low corruption, and a limited informal economy.
The majority of tobacco seizures occur at the main
Corsica and Marseille are specific cases within the
French ports in Northern France. After arriving via
French criminal panorama, owing to a historically
sea routes, illicit tobacco products are transported
more consolidated presence of criminal organisations.
on motorways by cars and trucks. The Internet
Drug use in the country is high and cannabis is the
retailing of tobacco products is increasingly common
most used drug. Criminal groups often operate within
in France. Cross-border purchases may be unlawful
the illicit drugs market.
conduct if purchasers exceed the legal allowances.
The ITTP prevalence (mn sticks per 100,000
••Enforcement: France has efficient law enforcement
with a medium-low number of police personnel,
medium rates of judges, and a large prison
population. Cooperation between public bodies and
tobacco manufacturers is established by agreements
with the European Commission and strengthened
inhabitants) is higher in Provence-Alpes-Côte d’Azur,
Nord-Pas-de-Calais and Languedoc-Roussillon.
FRAMING THE COMPONENTS IN THE
DRIVERS: THE FOUR KEY FACTORS OF
THE ITTP
through specific agreements between the French
Customs and tobacco industry operators. The French
The report identifies four key factors of the ITTP in France.
government has signed specific partnerships with
The key factors are the crucial elements through
the European institutions in order to improve the fight
which the five drivers influence the four components.
against the unlawful importation of goods, including
This chapter analyses how the interaction between the
tobacco products.
drivers and the components impact or may impact the
THE FOUR COMPONENTS OF THE ITTP
8
ITTP through these four key factors (Figure 1, p. 9).
•• Economic accessibility: The price of illicit tobacco
••The demand: The low price of illicit tobacco is the
key factor in the demand for it. Indeed, a pack of illicit
and particularly its relative price compared to the
price of legal products.
cigarettes is €2 cheaper than a legal one, increasing
the accessibility of these products. In France, illicit
• Given the dual nature of the tobacco market
tobacco products can be found on the streets in
composed of legal and illegal parts, the growth in
specific metropolitan areas.
the price differential between legal and illegal
products increases the relative economic
•• The supply: Illicit tobacco supply is mainly driven by
accessibility of illicit tobacco and stimulates the
the opportunity to make very high profits with relatively
ITTP. In France, this occurred between 2002 and
low risks. In France, diverse actors are involved in
2004, when the excise duty on tobacco was raised
the supply chain of the ITTP, from individual criminals
and cigarette prices rose significantly from €3.60 in
and street sellers to more organised groups. Illicit
2002 to €5.00 in 2004.
tobacco is mainly sold through grocery stores, private
apartments, markets and the Internet.
• In 2015, tax incidence in France is approximately 80.3%
of the final retail price of the most popular brand. The
•• The products: DGDDI argues that one among five
country ranked 7th among 28 EU countries for cigarette
cigarettes in France is bought outside the French
taxation (European Commission 2015). A high tax
legal retail network. DGDDI estimates that the overall
incidence may create profit potentials for smugglers.
penetration of the illicit market into the legal market is
5%. Further, some unofficial estimates are provided by
• The unemployment rate in France reached 10.1% in
private agencies. In 2014, Euromonitor International
2015 (Banque de France 2015). The global recession
and KPMG assessed the ITTP penetration at
and the economic crisis severely hit the country.
17.0% and 14.7%, respectively. The main illicit
Worsened social conditions and high unemployment
tobacco products are contraband & others and illicit
rates may induce smokers to maintain their smoking
whites. habits by switching to illicit, less expensive tobacco
products.
Executive Summary
Figure 1. The main interactions between the drivers and the ITTP
Source: Transcrime elaboration
Increase of the ITTP
society & economy
Decrease of the ITTP
unemployment
Change of the ITTP
street markets
waterpipe bars
legal market
price differentials
downtrading trend
Increase
of the ITTP
regulation
taxation
supply chain controls
plain packaging
crime environment
criminal networks
Decrease
of the ITTP
smuggling routes
low corruption
9
enforcement
2011 national action plan
Change
of the ITTP
EU cooperation
customs-industry MoUs
• The French market is experiencing a downtrading
• France’s geographical location in Western Europe and
trend. Consumption of cigarettes and cigars is
the presence of neighbouring countries with cheaper
decreasing while HRT has increased. Indeed, from
tobacco products, such as Andorra, Spain, Italy,
2009 to 2014, the change in the sales volume of HRT
Belgium, Germany and Luxembourg, may increase
(hand-rolling tobacco) was +11.1% (Euromonitor
the availability of the ITTP in border regions. Indeed,
International 2015a).
cross-border purchasing, i.e., the practice of buying
cheaper tobacco products in neighbouring countries,
is commonplace in France. These purchases are
smugglers and consumers can obtain illicit
illegal whenever imported products exceed the
tobacco products.
amount allowed by the law or if they are used for resale even within limits.
• The easier it is to find and buy illegal products, the
greater the likelihood of their diffusion in a specific
• The high incidence of non-domestic cigarettes
area. In France, illicit tobacco products can be mainly
at French ports suggests that international trade
found in specific neighbourhoods of metropolitan areas
practices favour the importation of illicit tobacco
in Paris, Lyon, Toulouse and Marseille.
products.
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••Availability: The relative ease with which both
existing penalties
Executive Summary
• The demand for specific tobacco products, such as
• Penalties against illicit tobacco trafficking in
waterpipe tobacco, may favour its availability on the
France comprise several measures, depending on
black market.
the offences committed by the persons involved, i.e.,
intellectual property infringement, tobacco contraband,
• Supply chain control measures (tracking and
presence of a criminal organisation, tax evasion,
tracing systems, customer identification and
etc. The penalties imposable for these crimes (e.g.,
mandatory licensing for tobacco retailers and
confiscations, fines or imprisonment) constitute
manufacturers) impact the ITTP by decreasing the
deterrents against the growth of the ITTP.
availability of illicit tobacco products.
• Law enforcement cooperation with EU institutions
• The introduction of plain packaging from May 2016
could increase the availability of counterfeit tobacco
can increase the risks for the smugglers involved in
the ITTP.
products on the black market.
• The signings of several Memoranda of
••Profitability: The ability of the ITTP to generate
profits that exceed its operational costs.
Understanding between French Customs and the
tobacco industry increase the risks for smugglers and
impact the supply of illicit tobacco and the modus
• The ITTP provides very high incomes because
operandi of the traffickers.
most illicit tobacco products pay no, or very limited,
taxes. At the same time, cigarettes are the commodity
10
• The 2011 French national action plans against
with the highest fiscal value per weight (Joossens
cigarette smuggling may have reduced the supply of
1998, 149–150). In France, illicit cigarettes cost €2
illicit tobacco by increasing the risks for smugglers.
less than legal ones. This leaves high margins for the
A new action plan would be launched in next years,
ITTP.
according to the National Programme for reducing
tobacco consumption (Axis 3).
• Importing cheaper tobacco products from
neighbouring countries is a consolidated practice
• Supply chain control measures impact the ITTP by
in France. In 2015, the OFDT and INHESJ estimated
increasing the risk for smugglers. These measures
that 17% of tobacco consumed in France arrived from
include tracking and tracing systems, customer
neighbouring countries (Lermenier-Jeannet 2015).
identification and mandatory licensing for tobacco
The low prices of tobacco products in neighbouring
retailers and manufacturers.
countries may also encourage bootlegging.
• The low level of corruption in France impacts the
• The drugs market is the largest illegal market in
France (National Gendarmerie 2015). Consolidated
supply side of the ITTP by increasing the risks for the
actors involved.
illicit routes used for drug trafficking may increase the
opportunities for smugglers to traffic illicit tobacco and
exploit scope economies among different goods.
• Established smuggling routes may be used from
criminal networks for transporting illicit cigarettes. This
may boost the supply of the ITTP by diminishing the
••Risk: The threat of detection/accusation/
risks for criminals.
conviction and the sanctions imposable on the
actors involved in the ITTP.
• The small structure and modus operandi of
smuggling rings in France impact the supply of illicit
tobacco by reducing the risks for the actors involved.
Executive Summary
Currently, the only official estimates on the size of the
The evolution of the project has shown that countries have
ITTP in France have been provided by the DGDDI for
very different situations in relation to the available data on
2011 only. Some unofficial estimates are also available.
the ITTP. In some cases, the quality of the available data
Moreover, Transcrime has estimated the volume and
is low and there are no official, regularly updated, data.
prevalence (mn sticks per 100,000 inhabitants) of illicit
Inevitably, this may affect the quality and reliability of the
tobacco in France. Contraband & others are the most
results. In these cases, institutions, businesses and other
widespread illicit tobacco product, while the incidence of
stakeholders concerned with the ITTP should consider
counterfeits has decreased in the last years. Illicit whites,
how to improve the data collection on illicit tobacco. This
particularly the American Legend brand, have become
will result in an improvement in the knowledge of the ITTP
increasingly common in Southern France, especially in
and, in turn, in better tobacco control policies, since quite
the port basin of Marseille. DGDDI seizures suggest the
often the impact of specific policy measures upon crime
growing importance of illicit HRT and waterpipe tobacco.
may be overlooked due to the lack of reliable data.
Nevertheless, there is no actual official estimate on their
incidence in the French market.
Cross-border purchasing is a crucial issue for the
analysis of the ITTP in France. France’s proximity to
countries with cheaper tobacco products facilitates crossborder purchases of tobacco and, in some cases, the
importing of quantities in excess of those allowed by the
law or the re-sale the tobacco products.
The results of this study demonstrate that more research
and accurate data would allow a better assessment of the
ITTP in France. Indeed, there are no publicly available
11
studies on the demand for illicit tobacco products.
counterfeit and illicit whites is measurable from unofficial
estimates, the shares of illicit HRT and waterpipe
tobacco have not yet been calculated. The disparity
between national consumption and national sales of
these products and the rising number seizures in France
suggest that this may be a growing trend within the ITTP.
The ITTP is a complex problem, not limited to an issue
of law enforcement and criminal justice policy alone. In
France, the ITTP seems to have increased between 2006
and 2015. The government has reacted with various
measures. Nevertheless, despite the launch of the 2011
such as a new national action plan or national public
awareness campaigns, are necessary. Effective action
against the ITTP requires comprehensive strategies
including criminal law, administrative sanctions and other
indirect measures aimed at reducing crime opportunities.
FRANCE
national action plan, additional preventative measures,
Furthermore, whilst the incidence of contraband,
Nord
Pas de
Calais
Picardie
Haute
Normandie
Basse
Normandie
Île–de–
France
Brétagne
Pays de la Loire
Poitou–
Charentes
Centre
Lorraine
Champagne–
Ardenne
Bourgogne
Alsace
Franche–
Comté
Limousin
Rhône-Alpes
Auvergne
Aquitaine
Midi–Pyrénées
Languedoc–
Roussillon
Provence–
Alpes–
Côte d'Azur
Corse
12
Location:
France is the largest country
in Western Europe and
the third-largest in Europe
as a whole. The European
territory of France covers
550,000 square kilometres.
France shares borders with
Spain, Andorra, Monaco,
Italy, Switzerland, Germany,
Luxembourg, and Belgium.
Metropolitan France is formed
by Corsica and the French
mainland; overseas regions
are Guadeloupe, Martinique,
Réunion, and Mayotte. France
is further subdivided into 27
administrative regions: 22
metropolitan regions and five
overseas regions. The regions
are divided into 96 metropolitan
departments and five overseas
departments.
Source: The World Bank
Population: 66,206,930 (2014)
Male: 32,223,161 (48.7%)
Female: 33,983,769 (51.3%)
Growth Annual Rate: -0.4 (2014)
Age Structure: (0–14) 18.5%; (15–64) 62.8%; (65+) 18.5%
Fertility Rate: 2.0 children born/woman (2013)
Life expectancy at birth (years): 82.0 (2013)
GDP: US$2,829.19 billion (2014)
GDP growth: 0.2% (2014)
Inflation consumer price: 0.5% (2014)
Income level: High
INTRODUCTION
WHY FOCUS ON THE ITTP IN FRANCE?
The ITTP comprises different activities and products:
There are several reasons for studying the ITTP in
Smuggling (or contraband): the unlawful movement or
France.
transportation of tobacco products (genuine or counterfeit)
First, France’s geographical position makes it a transit
of applicable taxes or in breach of laws prohibiting their
from one tax jurisdiction to another without the payment
country for illicit tobacco flows mainly directed to the UK.
Second, the country’s strong commitment to tobacco
control policies in recent decades and the significant
increases in taxation may have created opportunities for
the illicit tobacco trade. Third, six among France’s seven
bordering countries (Spain, Andorra, Italy, Switzerland,
Germany, Belgium and Luxembourg) have cheaper
cigarettes. In the past decade, cross-border purchases
have become increasingly common. These may proxy the
demand for cheap tobacco and this may reflect on illicit
import or export (Joossens and Raw 2008).
Counterfeiting: the illegal manufacturing of a product
bearing or imitating a trademark without the owner’s
consent. Illegally manufactured products can be sold
in the source country or smuggled into another country
(Joossens and Raw 2008).
Bootlegging: the legal purchase of tobacco products in
a low–tax country and the illegal resale of these products
in a high–tax country. Bootlegging concerns individuals
DGDDI (Direction générale des douanes et droits
cigarettes, taking advantage of tax differentials, with the
or small groups who smuggle smaller quantities of
indirects) estimates that 1 among 5 cigarettes consumed
in France has been purchased outside the legal network
of French retailers. In particular, DGDDI assesses that
5% of the tobacco market in France is illicit (DGDDI
2011b). This estimate is lower than other unofficial
estimates. Unofficial sources estimate the illicit market
at around 20% of the French tobacco market in 2015
(Euromonitor International 2015a).
aim of making extra income (Hornsby and Hobbs 2007).
Unbranded tobacco: manufactured, semi–manufactured
and even loose leaves of tobacco (also known as “chop–
chop” (Geis 2005)), illegally sold by weight (e.g. in large
plastic bags, also known as “baggies”), with no labelling
or health warnings and consumed in roll-your-own
cigarettes or in empty cigarette tubes (Walsh, Paul, and
Stojanovski 2006).
Tobacco is a dual market consisting of a legal and an
illegal part (Figure 2). The two sides of the market are
connected with each other: actions affecting one side of
Cheap Whites or Illicit Whites: cigarettes produced
legally in one country, but normally intended for smuggling
into countries where there is no prior legal market for
Figure 2. The dual tobacco market
while they are avoided/evaded in destination countries
them. Taxes in production countries are normally paid,
(Allen 2011).
legal market
Illegal manufacturing: cigarettes manufactured
overlap in
demand
for consumption, which are not declared to the tax
authorities. These cigarettes are sold without tax and may
illegal market
be manufactured in approved factories or illegal covert
operations (Joossens et al. 2010).
FRANCE
the market influence the other side as well.
13
tobacco.
Introduction
In France, there are no official data on the prevalence,
To enable comparison with other country profiles,
demand for and consumption of illicit products. This
each driver has five key indicators. The data for the
entails that the actual dynamics of the illicit market and its
drivers’ indicators come from different sources to ensure
structure should be further researched. The main sources
comparability among different countries to the last
used for this study have been Customs research papers
available years (e.g., World Bank, WHO and UN). When
and seizures data, KMPG and Euromonitor International
possible, the report provides the most up-to-date data
data, empty pack surveys (EPSs) commissioned by the
from national sources. For four indicators, Transcrime
tobacco industry and media news. All non-official sources
has elaborated composite indicators (see Regulation
are treated with caution in order to minimise the impact of
and Enforcement, pp. 27 and 41). Composite indicators
their possible bias.
assess the presence of specific policy measures in the
WHAT CAN BE FOUND IN THIS
REPORT?
country and range from 0 (no measure is present) to 5 (all
measures are present). A higher value on the composite
indicators does not always imply a better situation.
Their purpose is rather to assess the intensity of policy
This report is updated at December 2015. It is organised
measures in a specific field. The information used for the
into three chapters.
assessment is drawn from the literature, official sources
(reports, websites and legislation) and experts.
Chapter 1 is composed of five subsections analysing the
five drivers of the ITTP:
Chapter 2 analyses the illicit trade in France by dividing it
into its four components of the ITTP:
1. Society and economy
14
2. Legal market
1. The demand
3. Regulation
2. The supply
4. Crime environment
3. The products
5. Enforcement
4. The modus operandi and geographical distribution
The drivers are important areas whose structures may
Chapter 3 combines the results of the two previous
influence the ITTP positively or negatively. Transcrime
chapters to identify the key factors behind the ITTP and
selected the drivers based on a review of the literature on
shows how the various elements of the drivers influence
the ITTP and discussions with stakeholders and experts.
the illicit trade. The four key factors are the following:
Each subsection provides information on the key aspects
of each driver.
1. Economic accessibility
2. Availability
3. Profitability
4. Risk
These factors are pivotal for demonstrating how the
various elements of each driver influence the illicit trade.
15
FRANCE
The five drivers
16
SOCIETY & ECONOMY
17
rance is a developed and modern society.
Income inequality is low, and wealth has increased
over the decades. Nevertheless, France has been
severely affected by the global financial crisis. Public
expenditure on education, health and social protection
is high.
F
FRANCE
Society & Economy
Adult Population
0.306
0.309
81.49%
81.54 81.53 81.50 81.49 81.49
High %
54 out of 225 countries
Population aged 15+
(2014)
2010 2011 2012 2013 2014
6.7
Income
81.54 81.53 Inequality
81.50 81.49 81.49
6.5
6.1
6.1
10.27
Low %
0.306
0.306
0.309
2012
10.25
5.9
5.7
2011
2008 2009 2010 2011 2012 2013
2005
High
2010
GINI coefficient after taxes
Source: OECD
(2012)
10.3 10.3
81.54 81.53 81.50
9.8 81.49 81.49
9.1 9.3 2011
9.2
2012
2010 2011 2012 2013 2014
32
0.306
34
0.309
31
28
7.4
6.7
6.5
6.1
6.1
5.7
10.27
10.25
5.9
Low
2010 2011 2012 2013 2014
2011
2006 2009
2008 2009 2010 2011 2012 2013 2014
Education System
6.7
2008 2009 2010 2011 2012 2013
18
9.2
2010
51,404
5.9%
47,466
0.306
44,950
7.4
2010
Migration
2005
0.309
2010
2008 2009 2010 2011 2012 2013
Source:
The World Bank
2010
2008
7.4
6.78
Unemployment
6.15
5.80
7.4
2008unemployment
2009 2010 2011 2012 2013 2014
Total
rate as % of labour force
Source: OECD
2008
2010 2012 2014
54,797 54,108
51,404
47,466
54,108
578.5
2008
5.80
2010
6.15
2011
6.78
2012
7.76
2013
2013
2014
280.2
High %
80.3
80.4
79.9
80.4
2006 2009
10.272010 2014
10.25
2008
2010
2012
(2010)
Tax % final retail price
2014
Tax per 1,000
PPP 2013
2010sticks/Int.$,
2011
2012
2014
2010
25
26
25
22
6.9
201080.4
10.3%
10.3 10.3
9.8
280.2
247.2 2013
2012
2014
9.1 9.3 9.2
2011
2010 233.1
2009
80.4
2010
2014
79.9
34
7.0
32
31
-27,7166.8
71*
71* 69*
70*
28
-28,297
-30,569
-31,854
2011 2012 2013 2014 2015
6.9
7.0
6.8
High %
-31,553
2010
2
Low %
23
22
25
24
23
2005
2008
2009
2010
201
Value
80.3
Value
Rank
338.6
6.78
2012 2013 2014
6.15 20082010 2010
2011
2012
2014
5.80
Tax %
final
retail
price
2008 2009
2010
2011
2012
2013 2014
1.3
1.2 sticks/Int.$, PPP
per 1,000
1.1 Tax1.1
44,950
1.0
2009
338.6
2012
247.2
338.6
7.76
2008
2014
Low %
28
675.0
2006
2008
-28,297
51,404
54,108
2010
2012
2008 54,797
Last national available data (December
2015):
675.0
2010
2012
47,466
44,950
-27,716
2008 2009 2010
2011 2012 34
2013
-28,297
32
31
-30,569
-31,553
28
-31,854
578.5
7.76
2011
31
-30,569
-31,854
34
10.27%
2011
233.1
2012 2014
2005
2010
54,797
10.3 2014
10.3
2011
2010
2012
2013
9.8
9.1 9.3 9.2
-31,553
32
6.7
6.1 2011
6.1 2012 20135.9
2008 6.5
2009 2010
2014
5.7
2010
0.306
-27,716
2014
2006 2009 2010 2014
7.4
7.76
10.27 2014
10.25
6.78
2010 2011
2012 2013
6.15
5.80
54,797 54,108 migrant stock
International
51,404
47,466
44,950
as % of population
2013
2012
2014
(2013)
10.3 10.3
6.8%
(INSEE
9.8 2015)
9.1 9.3 9.2
Last national available data (2014):
2008 2009 2010 2011 2012 2013 2014
6.7
6.5
6.1
6.1
5.9
5.7
2011
2012
2011
2013
81.54 81.53 81.50 81.49 81.49
2010 2011 2012 2013 2014
High %
10.27
2011
2012
10.25
2010
5.9
5.7
34
32
31
28
2008 2009 2010 2011 2012 2013
10.3 10.3
9.8
6.1
0.309
9.3
6.1
54,797 2005
54,108
Education expenditure
81.53 81.50 81.49 81.49
as % 81.54
of GDP
9.1
6.5
2012
2010 2014
(2014)
233.1
2006 2009
8.6
80.4
2010
2008
280.2
247.2
2010 2014
8.4
80.4
25
24
23
2011
2012
2013
2010
2012
26
25
25 (Banque de France
2014
51,404
10.1%
232015)
Tax
% final retail price
47,466 22
22
0.6 0.9
0.5 0.6
44,950
-28,297
2010 -27,716
2011
2012
-30,569
-31,553
-31,854
71*
71*
69*
7.0
6.8
12.3
2010 2011 2012 2013338.6
2014
11.0 10.8
201110.8 2012
2013 280.2
2014
2010 9.9
Value
Rank
675.0
247.2
233.1
578.5
80.3
79.9
26
25
2014
2014
22
22
Low %
Tax per 1,000 sticks/Int.$, PPP
World Drug 6.9
Report 2011
70*
Opioids
World
Drug6.8
6.9
Report 2015
Cocaine
2008 25
7.0
71
Cannabis
26
2009 25 2010
2011
2012
22 Value 22Rank
2.45
2015 -27,716
-28,297
-30,569
-31,553
1.91-31,854
1.40
71
69
2013
23
25
24
23
2014
6.9
6.9
533
706
6.8
Chapter 1: The Five Drivers
••France is a highly developed country with a low
• Per capita GDP has increased in the past decade. It
decreased only in 2009, but in 2010 it started to rise
income inequality rate.
again reaching US$39,357 in 2014 (OECD 2015c).
Nevertheless, growth of per capita GDP has been
• According to the Human Development Report, France
behind the OECD’s best performers (OECD 2015b).
had a Human Development Index (HDI) of 0.888,
ranking 22 out of 188 countries surveyed in 2014
nd
(UNDP 2015).
• With a Gini index of 0.31 in the 2012, France ranks
••France has an efficient welfare system.
• As a share of GDP, France spends more on social
14 out of 32 countries in income inequality (OECD
protection than other OECD countries (31.9% of GDP
2015f). According to the CIA World Factbook,
in 2014 compared to an OECD average of 23.0%)
comprising a larger number of countries, France
(OECD 2015d). Indeed, France has one of the
ranks 121st out of 144 countries (CIA 2015).
lowest poverty rates in the OECD, with only 7.9% of
th
the population below half of median income in 2013
(OECD 2015e).
• France has lower income inequality and lower relative
poverty rates compared to the OECD average.
France is one of the few OECD countries in which
••Household expenditure has increased in the past
decade in France (Figure 3).
income inequality has not increased over the past 25
years (OECD 2015b).
Figure 3. Household final consumption expenditure, PPP (constant
2000 and 2007, tripling in value. Much of the pre-2007
rise was due to the appreciation of the euro against
the US dollar (Keating et al. 2012).The country is
recovering from the crisis; however, its wealth per
adult is still under the 2007 pre-crisis data and the
2005 international $), 1999–2014
figure 3
Source: Transcrime calculations on World Bank (2015) data
25,000
19
• The unemployment rate in France reached 10.1%
15,000
10,000
in December 2015 (Banque de France 2015),
recording an increasing trend in recent years.
5,000
Whilst unemployment concerned young people in
2008–2009, it now affects all age groups. In 2014
0
the unemployment rate was 10.3%. It was above
99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14
the OECD average (8.4%) and in line with the EU
average (10.2%). It ranked 7th out of 34 countries
• In 2013, the category with the highest household
expenditure was ‘housing, heating and lighting’
(OECD 2015f).
(20.3% of total expenditure). ‘Food and non-alcoholic
beverages’
(10.2%) and ‘transport’ (9.9%) followed.
figure
6
Expenditure on ‘tobacco and alcoholic beverages’
severely hit France.
• French public debt, as a percentage of GDP, grew by
approximately 23 p.p. between 2005 and 2015, rising
from 75% to 98% of GDP (OECD 2015b).
100%
was 2.7% in 2013 (INSEE 2014).
30,0
20,0
10,0
FRANCE
••The global recession and the economic crisis
40,0
median wealth per adult is US$ 86,156 in 2015 (Stierli
et al. 2015).
60,0
50,0
20,000
60,0
90%
••Public spending on education is high in France.
50,0
80%
70%
• Between 2005 and 2013, expenditure on all levels
60%
of education increased in France (The World Bank
50%
2015).
40%
40,0
mn sticks
• Wealth per adult grew markedly in France between
30,0
20,0
30%
10,0
20%
10%
0%
Other
2009
2010
Italy
Germany
2011
2012
Luxembourg
2013
2014
Spain
Belgium
Society & Economy
• Public spending on education in France has
• Historically, the source countries for immigrants have
decreased from 6.7% in 2008 to 5.9% of GDP in 2013.
been Algeria, Italy, Morocco, Spain and Portugal. In
Despite this decrease, France ranks 19th out of 182
recent years, Chinese and Turkish migrations have
countries for spending on education (The World Bank
increased (Bouvier 2012).
2015). According to INSEE (French National Statiques
and Economic Studies Institute—Institut National de
• Immigrants (43%) and immigrant descendants (32%)
la Statistique et des Etudes Economiques), in 2014
are concentrated mainly in the Île-de-France region.
education expenditure as a percentage of GDP was
They have lower living standards and encounter more
6.8% (INSEE 2015).
difficulties in entering the labour market than do the
rest of the population. Indeed, the median standard
••Public spending on health is high in France.
of living of immigrants and immigrant descendants is
30% lower than that of the general population. The
• Public health expenditure accounted for 10.9% of
GDP in 2013. It increased by approximately 1 p.p.
poverty rate is almost 37% for immigrants and 20% for
immigrant descendants (Bouvier 2012).
between 2003 and 2013 (OECD 2015a).
• France has one of the highest life expectancy in the
world, with an average of 82.0 years (The World Bank
2015).
In conclusion, France is a multicultural country,
highly developed, and with a low income inequality
••France is a multicultural society.
rate. Relative poverty among the French population
is low in comparison with other high-income
• The total French population in 2014 was
20
OECD members, and the GDP per capita has
approximately 66 million people, with a growth rate
increased in the past decade. France spends
of 0.43% (The World Bank 2015). The proportion of
a large share of GDP on education and health,
people aged over 15 in 2014 was 81.5%. The country
and the life expectancy rate is one of the highest
ranks 54th out of 225 countries for adult population
in the world. Nevertheless, the global recession
(The World Bank 2015).
and the economic crisis have severely hit France.
Unemployment rates have grown until 2014 and
• Despite the economic crisis, France is experiencing
a boom in birth rates, the highest since the 1970s.
Together with Ireland, France had the highest fertility
rate in Europe in 2013, with an average of 2.01
children per woman (The World Bank 2015).
• Among the French population, 93.9% are people
born in France and 6.1% are foreigners (4.0 million)
(Ministère de l’Intérieur 2015). In 2008, the proportion
of immigrant descendants was among the highest in
Europe, counting 6.7 million people and representing
11% of the population. The median standard of living
of immigrants and immigrant descendants is lower
than that of the general population (INSEE 2012).
• The migration stock as a percentage of the total
population was 10.27% in 2010 (in 2005 it was
10.25%). The country ranked 69th out of 213 countries
(The World Bank 2012).
then remained stable.
LEGAL MARKET
21
FRANCE
he French tobacco market is highly concentrated,
being dominated by four multinational companies. In
the past decade, both cigarette consumption and sales
have decreased. Tax increases on tobacco products,
which have led to a rise in the price of cigarettes,
have made smokers more cost-conscious than before.
Cross-border purchases of tobacco products have
increased and smokers have shifted to less expensive
HRT products, signalling a downtrading trend of
tobacco consumption.
T
6.1
6.1
5.7
5.9
Legal Market
2008 2009 2010 2011 2012 2013
2005
2010
Smokers
9.1 9.3 9.2
10.3 10.3
9.8
32
34
31
28%
28
7.4
Current smoking of any tobacco
2010
product (age–standardised rate)
(2014)
6.7
2008 2009 2010 2011 2012 2013 2014
2006
6.1
6.1
6.5
2009
2010
5.7
5.9
2010
54,108
51,404
47,466
81.54 81.53 81.50 81.49 81.49
% of annual per capita income
needed to buy 100
of the
9.1
2011
2012 packs
2013
2014
most sold cigarettes
7.4
6.1
6.1
5.80
5.9
5.7 6.78
6.15
32
Euromonitor International
80.4
2010
7.4
2006
2008
2010
Balance
of Trade
54,108
54,797
51,404
1.3
2010
9.8
2005
2013
(2014)
22
22
2014
71*
7.0
71*
2012
2013
5.80
2008
6.15
11.0
6.78
7.76
10.8
12.3
9.9
10.8
Price
Price of a pack of
the2012
most2014sold brand
2011 PPP)
2012 2013 2014 2015
(Int.$,
2010
Source: WHO
233.1
70*
2015
2006
233.1
2008
2010
Fund 2015)
2008
2010
11.0
10.8
2008
2013
Small
2012
2014
Rank
Positive
2013
2014
2014
26
25
22
22 -28,297
-30,569
-31,553
-31,854
7.0
Negative
1.34
6.9
6.9
6.8
71*
Int.$, PPP 7.76
1.40
25
24
23
71* 69*
70*
706
338.6
533280.2
247.2 2012 2013 2014 2015 High
2010 2011
233.1
388 407
Value
Rank
317
2007
2011
8.6 2008 2009 2010
2008
2010 8.4 2012
2008
2009
2010
26
69*
23
12.3
2010 2011 2012 2013 2014
10.8
9.9
Value
Rank
2014
Tax per 1,000 sticks/Int.$,
PPP
25
25
24
26
22
22
0.6 0.9
25
25
International World
2015,
International
Monetary
Drug
World Drug
7122
71
22
7.0
6.9
6.9
6.8
Report 2011
Report 2015
70*
0.5 0.6
Opioids
2008
2010
2011
69
80.3
80.4 countries
79.9
80.4 179
21 out of
Int.$,
PPP 8.452012(Euromonitor
2008 2009 2010 2011
578.5
2012
2012
25
1.25
22
71*
2010
71
80.3
79.9
2011
-27,716
1.0
71*
2009
71
23
2010 2011 2012 2013
2014
(2014)
1.2
Tax per
1,0001.1
sticks/Int.$,
1.1
2010
2012 PPP
2008
2014
6.8
675.0 7.0
28
-28,297
7.0
-30,569
6.9
6.8
22
280.2
247.2 2010 2014
2009
6.8
2014
22
22
1.3
25
26
25
(2014)
338.6
2.45
80.3
25
44Taxout
of 47 countries
% final retail price
44,950
7.76 1.91
2012
-31,854
2010
2012
2014
Cocaine 2013
Cannabis
79.9
25
Last
available data (2015):
675.0
Large
Value
338.6
2010
2008
23
578.5
2014
24
6.9
80.4
80.4
0.6 0.9
6.78
5.80
200880.4 201080.4
2013
34
-28,297
2014
280.2
247.2
6.15
High
2010
23
32
31
-27,716
-31,553
-28,297
World Drug
-30,569 World Drug
-31,553 Report 2011
Report 2015
-31,854
2011
2010 Opioids
675.0
578.5
2012
2008
8.4
0.5 0.6
-27,716
2014
2012
69*
2014
7.76 2010
54,797 54,108
2010 2012 2014 51,404 47,466
2008
2011
44,950
Source: Euromonitor International
2010
20082011
2009 2012
2010 2013
2011
2010
2014
26
25
25
10.3 10.3
8.6
47,466
1.2
44,950
1.1
1.1
Cigarette
exports–imports
1.0
(mn sticks)
2010
2011
10.27
2010 2014
80.3
2011 2012 2013 2014
6.78
6.15
Value
Rank
2008 2009 2010 2011 2012 2013 2014
5.80
2012
23
28
9.1 9.3 9.2
2011
2012
2009
10.25
2009
2006
79.9
6.8
2008 2009 2010 2011 2012 2013 2014
2011
34
31
7.4
675.0
Low
280.2
2008
2010
2012
54,797 2010
54,108
2005
Tax
% final
retail price
51,404
47,466
2008 2009
2011 sticks/Int.$,
2012 2013
Tax 2010
per 1,000
PPP
44,950
9.8
0.306
2010
0.309
338.6
10.27
233.1
6.7
6.5
6.1
6.1
2008 2009 2010 2011 2012 20135.7
2014 5.9
Cigarette retail volume
(mn sticks)10.3 10.3
578.5
2.1%
2005
(2015)
247.2
Market Size
Low %
2014
34 countries
32
38 out
of
31 60
28
10.25
7.76
2008 2009 2010 2011 2012 2013
2008 2010 2012 2014
9.3 9.2
9.1 Source:
2013
10.3 10.3
-27,716
-28,297
9.8
9.3 2012
9.2
-30,569
-31,553
-31,854
2010 2011 2012 2013 2014
80.4
22
2012
10.27
10.25
81.54 81.53 81.50 81.49 81.49
2010 2011 2012
2013 2011
2014
2010
6.5
2011
2014
0.306
44,950 0.309
2008 2009 2010 2011 2012 2013
Affordability
6.7
High %
2011 of 125
2012
34 out
countries
2011 2012 2013 2014
Source: WHO–Country reports
54,797
0.306
0.309
81.54 81.53 81.50 81.49 81.49
2015
Cocaine
2009
2010
1.91
2010
69
Cannabis
2011
7.0
6.8
Value
2.45
6.9
2012
71*
Rank
2013
71*
24
23
26 Low
23
69*
2014
2011 2012 2013 2014
1.40 1.34
Value
Rank
1.25
6.9
70*
2008
2015
317
533
388
407
2009
706
TOBACCO MARKET
••France has a large cigarettes market.
••In France, cigarette imports exceed exports.
• In 2014, the total value of sales of tobacco products
was €18.1 bn. In volume, the size of the French
National production does not absorb the national
cigarette market was 44,950 mn sticks in the same
demand for cigarettes. In recent years, production,
year. The French market is one of the largest in
imports and exports have decreased.
Europe, Middle East and North Africa (9th out of 47
countries) (Euromonitor International 2015a).
• Although France is not among the main tobacco
manufacturers at global level, it is an important
••The French tobacco market is highly
manufacturer at the European level, with two
concentrated.
production plants in the country and one in Corsica. In
2014, the country was the 11th producer of cigarettes
among EU Member States, with an output of 13,437
• The French tobacco market has high barriers to
entry and is highly concentrated. Indeed, domestic
mn sticks (Euromonitor International 2015a).
manufacturers and new players find it hard to
establish themselves within the market (Euromonitor
• France is a large importer of cigarettes, and its
International 2015b).
balance of trade (exports minus imports in volume) is
among the lowest in the world, with a negative value
of -28,297 mn sticks in 2014. The country ranks 44th
• In 2014, the cigarette market was dominated by
Philip Morris France SAS (one third of the market),
out of 47 countries (Euromonitor International 2015a).
followed by Seita-Imperial Tobacco Group, Japan
Tobacco International and British American Tobacco
• Tobacco growing is present in the country. In France,
(Euromonitor International 2015a).
1,431 growers operated in 2012 (WHO FCTC 2014).
Tobacco International lead the market in 2014. The
cooperatives coordinated by the France-Tabac group.
SAS, followed by Seita-Imperial Tobacco France
of tobacco and give technical support to tobacco
SA and British American Tobacco (Euromonitor
farmers. They are: Nord & Loire TABAC; Poitou
International 2015a).
Tabac; Erigord Tabac; Tabac Garonne Adour; Alsa
Tabac; Agri Tabac and Midi Tabac. The tobacco grown
by farmers within each cooperative is then processed
••Four top multinational tobacco companies have
subsidiaries in France.
at the Sarlat tobacco plant (South-West France) (The
France-Tabac Group 2016).
• Philip Morris France SAS (based in Paris) is the
Figure 4. National production, importation, exportation and sales of
figure 4
cigarettes (mn sticks), 2009–2014
leading player in the French cigarette market. It has
no tobacco
manufacturing facilities in the country.
figure
5
It buys tobacco in France and exports it in the
Source: Transcrime calculations on Euromonitor International (2015a) data
Netherlands
where it becomes finished products to be90
9
80
7
70
the Imperial Tobacco Group, is located in Paris. It
6
60
5 present in all key tobacco categories, exports its
is
50
4
products
worldwide and is the only national producer
40
20,000
in
3 France. Its production facilities are based in Riom
30
10,000
(Euromonitor
2
20
1
10
50,000
mn sticks
40,000
30,000
0
Sales
2010
Import
2011
2012
Production
2013
2014
Export
0
00 01 02 03 04 05 06 07 08 09 10
Tax rise
11
12
13
Cigarette sales (mn units)
Cigarette prices (most sold)
€
• Seita-Imperial Tobacco France SA, a subsidiary of
FRANCE
sold
in France (Euromonitor International 2015b).
8
60,000
2009
second largest company was Philip Morris France
The cooperatives supervise the regional production
14
23
• The HRT market exhibits a different pattern. Japan
• French tobacco farmers are grouped into seven
14
00
Legal Market
• Japan Tobacco International France SAS is located
• Mid-tar cigarettes (10mg tar) are the most commonly
in Boulogne Billancourt, Île-de-France region. It
sold cigarettes in France, accounting for nearly 37.6
has no production facilities in France (Euromonitor
bn sticks in 2014 and corresponding to 83.6% of total
retail volume sales. The sale trend of low and ultralow tar cigarettes was increasing until 2010 and then
• British American Tobacco France (BATF) is a wholly
started decreasing (Euromonitor International 2015a).
owned subsidiary of British American Tobacco Plc
and is based in Boulogne Billancourt in the Île-de-
• Marlboro was the most popular brand in 2014, with a
France region. BATF has no production facilities in
fifth of the cigarette market. The second most popular
France and concentrates its production on cigarettes
brand was Gauloises, followed by Philip Morris.
(Euromonitor International 2015b).
Nevertheless, sales of both Marlboro and Gauloises
have decreased since 2009 (-31.7% and -29.6%,
••The main cigarette distribution channels are
licensed tobacconists.
• In addition, points of resale such as bars and
3.3% (Euromonitor International 2015a).
• In the period 2010–2014 the share of premium,
restaurants can purchase cigarettes from licensed
mid-priced and economy brands remained relatively
retailers and re-sell them to customers, without
stable. Nevertheless, premium and economy brands’
displaying these products (Euromonitor International
shares decreased from 47.6% of the total sales
2015b).
to 45.4% and from 17.9% to 17.3%, respectively.
TOBACCO CONSUMPTION
24
respectively), while Philip Morris has increased by
••Tobacco consumption is declining in France as
Conversely, mid-priced brands increased from 34.5%
to 37.3% (Euromonitor International 2015a).
••The price of cigarettes in France has increased
significantly in the past decade (Figure 5, p. 25).
are sales.
• The age-standardised smoking rate was 28% in 2014.
France ranked 34 out of 125 countries (WHO 2015a).
th
• The price of a pack of the most sold brand (Marlboro)
is among the highest worldwide. Indeed, in 2014, it
cost International $7.76, and France ranked 21st out of
• According to the most recent survey on tobacco
179 countries (WHO 2015b). This price has increased
consumption in France, conducted in 2014, there has
by 33.8% from 2008 when it was International $5.80
been a decreased in smoking compared with 2010. Of
(WHO 2015a). In 2015, the price of a pack of the
the total population between 15 and 75, the proportion
most sold brand is International $8.45 (European
of daily smokers decreased by 1 p.p. between 2010
Commission 2015; IMF 2015).
and 2014, from 29.1% to 28.2% (Guignard et al. 2015).
• The average retail price of cigarettes in metropolitan
• The decline in tobacco sales and consumption can be
France is €6.74 (PMI 2015).
attributed to intensified anti-smoking messages from
the government and increasing health awareness
campaigns (Euromonitor International 2012).
• In 2015, the recommended selling price (RSP) for a
20-size pack of Marlboro is €7.00. The percentage
of per capita GDP needed to purchase 100 packs
• As a consequence of the decreased tobacco
is 2.1%. For the cheapest brand this percentage is
consumption among the French population, the
1.9%.1 France has relatively affordable Marlboro
volume sales of tobacco has decreased in recent
cigarettes in comparison with French per capita
years and sales are expected to decline in the next
income, ranking 38th out of 60 countries for cigarette
five years (Figure 4, p. 23). Notwithstanding this
affordability (PMI 2015).
decreasing volume of sales, the value of tobacco
sales has increased over the years because of price
increases (Euromonitor International 2015a).
1. Transcrime elaboration on PMI data on Marlboro prices and
International Monetary Fund data on GDP (IMF 2015; PMI 2015).
99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14
of labour (for median for all occupations) needed to
70%
mn sticks
brand, 2000–2014
figure
5
50%
Source: Transcrime elaboration on European Commission (2015) data
40%
90
30%
8
80
20%
7
70
10%
6
60
5
50
4
40
3
30
2
20
toxicomanies) and INHESJ (Institut national des
1
10
hautes études de la Sécurité et de la Justice)
00
estimates that 77% of tobacco sales occur within
0
00 01 02 03 04 05 06 07 08 09 10
Tax rise
11
12
13
14
10,
0%
2009
Other
2010
Italy
2011
Germany
2012
Luxembourg
2013
2014
Spain
Belgium
••OFDT (Observatoire français des drogues et des
the
French
figure
10 network of tobacconists, while 17% do
so outside this network in neighbouring countries
(and 1% in non-neighbouring countries) and 5%
45%
through illegal channels (Lermenier-Jeannet 2015).
••Large cigarette price increases between 2002 and
2004 led to a rise in cross-border purchases of
occurred within the French network of tobacconists,
the size of cross-border purchases have been
25%
14.8%
82.6%
consumed in France come from neighbouring foreign
countries (DGDDI 2011b).
led to a 30% fall in the volume of cigarette sales.
French smokers started to buy tobacco products
abroad, mainly from north-eastern neighbouring
from southern countries like Spain, Andorra and Italy,
where tobacco products are cheaper.
Cigarettes (mn sticks)
15%
• Between 2002 and 2010, per capita expenditure
10%
on tobacco bought within the French network
€235
per capita in 2002 to €217 in 2010. Instead,
0%
2005
2014
there was 2000
an increase in
non-border 2010
regions, where
the expenditure rose from €247 in 2002 to €293 in
HRT (mn sticks equivalent)
packs arriving from Belgium and Luxembourg
increased (+83% and +318%, respectively), while
the share of packs from Italy, Spain and Germany
decreased (-31%, -18% and -7%, respectively)
70%
60%
Less than highshool diploma
Highschool diploma
More than highshool diploma
Indeed, during this decade, around 5,000 French
tobacco retailers went out of business (Binetruy,
Dumont, and Lazaro 2011).
••In September 2014, France changed the tobacco
importation allowance from other EU countries.
figure 13
2.0
1.8
1.6
80%
No diploma
2010, with an increase of 18.60% (DGDDI 2011b).
Cigars (mn units)
• From 2009 to 2014, the share of legal non-domestic
90%
2011c).
1.4
1.2
1.0
0.8
FRANCE
countries such as Belgium and Luxembourg, and
figure 12
(DGDDI
20%
5%
decreased
by 7.7% in border regions, falling from
• Tax increases on cigarettes between 2002 and 2004
(KPMG 2015) (Figure 6).
while 20% did so outside this network in neighbouring
countries (15%) and through illegal channels (5%)
• It is estimated
2.5%that around one-fifth of the cigarettes
mn sticks equivalent
• 35%
In 2011, DGDDI estimated that 80% of tobacco sales
30%
made by scholars and public bodies.
25
40%
figure 8 Several attempts to estimate
tobacco products.
30,
20,
9
€
mn sticks
40,
60%
ent)
50,
80%
Figure 5. Cigarette sales in mn units and price of the most sold
,500
,500
60,
90%
2015).
,000
,000
100%
country ranked 17th out of 47 countries (Eriksen et al.
Export
,500
Source: Transcrime calculations on KPMG (2015) data
purchase a pack of cigarettes were 34.13 and the
2014
,000
figure
6
Figure
6. Non-domestic
(legal) packs by origin, 2009–2014
• According to the Tobacco Atlas, in 2012, the minutes
Legal Market
Table 1. Sales of tobacco by category (volume), 2009–2014
2009
2010
2011
2012
2013
2014
54,987
54,797
54,108
51,404
47,466
44,950
Cigars (mn units)
1,579
1,556
1,507
1,494
1,425
1,374
HRT (mn sticks)
7,258
7,598
7,976
8,487
8,597
8,064
••7% of French smokers buy tobacco products in
March 2013 established that France was failing to
neighbouring countries (DGDDI 2011b).
fulfil
figure
3 its obligations under Council Directive 92/12/EEC
and under Article 34 TFEU (Treaty on the Functioning
25,000
20,000
15,000
10,000
borders with Belgium, Luxembourg (North-East),
9
Spain and Andorra (South-West). Indeed, 30% of
8
60,000
restrictions on imports of tobacco. Indeed, prior to
this sentence, cross-border customers could import
smokers
50,000
into France up to 5 cartons of cigarettes from another
in the north-western region and 17% in the
7
southern region report buying tobacco in neighbouring
countries (DGDDI 2011b).
des impôts). A larger quantity of tobacco could be
30,000
••The French market is experiencing a downtrading
the DSA—Document Simplifié d’Accompagnement
20,000
(Service-public.fr 2012).
decreasing
10,000
while HRT is increasing (Table 1).
1
0
• Between
2013 and
cigarettes
declined
2009
2010 2014,
2011
2012 sales
2013
2014by
of Justice, France raised the quantitative limits on the
99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14
5.3%, cigars by 3.6% and HRT by 6.2%. Considering
importation of tobacco to 10 cartons of cigarettes. If
a broader time span from 2009 to 2014, the change
the holder of the cigarettes does not establish that
in sales volume was -18.3% for cigarettes, -13.0% for
they are intended solely for personal use, two options
cigars and +11.1% for HRT (Figure 7).
Sales
Import
Production
Export
are open: either he/she forfeits the cigarettes or he/
figurethose
6 already paid in the country of origin. Moreover,
fees amount to €840 per 20 packs, together with fine
80%
figure 7
60,000
• To avoid the illegal importation from EU countries,
cartons the threshold at which the customs authorities
50%
are empowered to verify if the tobacco transported by
40%
a person from another EU country is intended solely
30%
for personal use (DGDDI 2015a).
20%
Other
7,500
20,000
Spain
Andorra, in which case larger quantities are allowed:
300 cigarettes, 150 cigarillos, 75 cigars and 400
2012
2013
2014
• In 2014, sales of cigarettes account for 82.6% of the
total market, HRT for 14.8% and cigars 2.5% (Figure 9,
p. 27).
figure 10
45%
2011
Belgium
into France. Specific rules apply to importation from
grams of HRT (DGDDI 2013).
2010
Cigarette (mn sticks)
cigarillos, 50 cigars and up to 250 grams of HRT
Luxembourg
6,500
2009
import a 2010
maximum2011
quantity
of 200 2013
cigarettes,
100
2012
2014
Germany
7,000
0
2009
Italy
8,000
30,000
10,000
• Cross-border customers from non-EU countries can
0%
8,500
40,000
(issued 5th September 2014), that identified at 4
60%
9,000
50,000
in 2014, the French government adopted a circular
70%
10%
sticks), 2009–2014
90%
Figure 7. Sales of HRT (mn sticks equivalent) and cigarettes (mn
of up to €2,500 (Service-public.fr 2015).
100%
4
2
• Complying with the judgement of the European Court
she keeps them and pays French taxes in addition to
5
3
5,000
0
6
40,000
EU country (art. 575 G–H of the CGI–Code général
mn sticks
26
of the European Union) by setting quantitative
imported only with specific authorisation from DGDDI,
figure
figure 4
• Buying habits are very different in areas close to the
mn sticks
• A judgement of the European Court of Justice of
figure 11
40%
0
0
Figure 8. Smoking prevalence per region, 2014
Source: Transcrime calculations on Guignard et al. (2015) data
9
90
8
80
7
70
6
60
5
50
4
40
3
30
€
mn sticks
figure 5
20
2
0
Smoking prevalence
10
Low (140.1 - 192.1]
00
00 01 02 03 04
05 06 07 (309.2
08 09- 732.5]
10 11 12 13 14
Medium-high
High (732.5 - 1,692.7]
Tax rise
Non-estimated areas
Figure 9. Tobacco products (percentage of the total market), 2014
figure 8
• The sales of electronic cigarettes increased until
2013, then remained stable. A number of French
smokers have purchased electronic cigarettes to use
14.8%
82.6%
on trains, planes and in places with smoking bans
(Euromonitor International 2015b).
2.5%
• Geography. Smoking prevalence is lower in mediumsized towns or rural areas than in larger cities.
Furthermore, tobacco consumption is higher in areas
with higher GDP per capita (Chaix, Guilbert, and
Chauvin 2004).
Cigars (mn units)
FRANCE
••Socio-demographic and economic variables
1
27
20,000
Legal Market 30,000
%
%
10,000
20,000
0
5,000
• In
2010
Other
2011
2012
2013
2014
in the following regions: Languedoc Roussillon (35%),
Italy
Germany
Luxembourg
Spain
Belgium
0Provence-Alpes-Côte-d’ Azur and Franche-Comté
99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14
the increase was particularly large for those aged
between 45 and 64 from 15.5% to 18.6%, and
relatively small or non-existent for other age groups
80%
35%
70%
30%
• Social groups. Smoking prevalence varies according
20%
15%
10%
5%
Import
Production
figure 11
figure 7
40%
35%
60,000
9,000
50,000
8,500
10%
workers have the lowest rate (18.9%), followed by
10%
farmers (20.6%) (Guignard et al. 2015).
2009
2010
2011
2012
2013
2000 Other
2005
2010 Luxembourg2014 Spain
Italy
Germany
educational
level (Figure
10). People with
No diplomaeducational
8,000
20% 30,000
15%
Among employed persons, intellectual professions
7,500
20,000
2
5%
0%
Belgium
higher
4
7,000
10,000
0
2014
Export
Source: Transcrime calculations on Baromètres Santé (Menard et al. 2007; Beck et al.
2011; Guignard et al. 2013; Guignard et al. 2015) data
record the highest smoking prevalence (48.2%).
30%
0
2000–2014
to the occupational category. Unemployed people
• Smoking prevalence also varies according to
28
2014
Figure 11. Smoking prevalence in the 15 to 75 age group by income,
40%
0%
0%
Sales
50%
20%
1
lowest income quintile were daily smokers, while only
25% 40,000
60%
25%
Cigarette (mn0sticks)
(mn sticks equivalent)
income groups. InHRT
2014,
36% of people in the
2009
2010
2011
2012
2013
30%
(Guignard et al. 2015).
4
2
2014
(Figure 11) (Guignard et al. 2015).
aged 26–34 (from 47.7% to 43.8%). Among women,
90%
2013
Picardie (31%) (Figure 8, p. 27) (Guignard et al. 2015).
figure 10 figurefrom
6 42.8% to 44.8%, while it declined among men
40%
2012
22.2% in the highest-income group were smokers
among young men (20–25 years old) increased
100%
2011
• Lower-income groups smoke more than high-
(33%), Aquitaine and Lower Normandy (32%) and
• Age and gender. From 2010 to 2014, the prevalence
45%
10,000
2010
2009
5
3
6,500
mn sticks
2009
2010, the percentage of daily smokers was higher
6
7,000
10,000
%
%
7,500
mn sticks
15,000
40,000
%
30,000
mn sticks e
mn st
%
6,500
2009
2010
2011
2000
2005
High income
2012
2013
2014
2010
2014
Medium income
Low income
statusLess
arethan
less
likelydiploma
to smoke than are
highshool
educated
Highschoolless
diploma
individuals
(Guignard
et al. 2015).
More than highshool
diploma
• Ethnic groups. There is no evidence on the
predominance of a specific ethnic group in smoking
Figure 10. Smoking prevalence according to the educational level
consumption. The fourth implementation report of
(15–75 age group), 2000–2014
the WHO FCTC (April 2014) states that no data are
figure 10
Source: Transcrime calculations on Baromètres Santé (Menard et al. 2007; Beck et al. 2011;
Guignard et al. 2013; Guignard et al. 2015) data
available on this issue
in France
figure
11 (WHO FCTC 2014).
40% 14
figure
figure 1345%
35%
40%
2.0
10.0 30%in France tobacco sales have
In conclusion,
35%
1.8
9.0 as well as consumption. Increasing
decreased
25%
30%
1.6
taxation8.0and higher prices of tobacco products
25%
20%
may be7.0
responsible
for the downtrading trend in
20%
the market.
Indeed, HRT sales have significantly
6.0 15%
15%
increased,
5.0 while sales of cigarettes, cigars and pipe
1.4
1.2
1.0
0.8
10%
0.6
5%
0.4
0%
10%
tobacco4.0have decreased.
5%
3.0
2.0
2000
0.2
0.0
00
01
02
03
2005
No diploma
04 05 06 07 08
Highschool diploma
figure 13
2010
09
2014
10
11 12
1.0
0%
2000
2005
High income
2010
Medium income
0.0
World Drug report 2011
Opioids
World Drug Report 2015
Cocaine
figure 14
Cannabis
2014
Low income
REGULATION
29
egulation of the tobacco market is high in
France. Overall, taxation on tobacco products is high,
both as tax incidence on the final retail price and as
taxation per 1,000 sticks. The country has invested
a significant amount of resources in tobacco-control
policies. There is a high level of control on the supply
chain and on tobacco consumption and sales and a
medium-high level of control on tobacco advertising.
R
FRANCE
54,797
54,108
51,404
51,404
47,466
47,466
44,950
44,950
Regulation
2011
2010
2012
2013
-27,716
2014
-31,553
2011-28,297
2010
2012
-30,569
-31,854
Taxation 7.76
5.80
6.78
6.15
Tax as % of the final retail
price of the most sold brand
Tax per 1,000 sticks in Int.$,
PPP of the most sold brand
2008 2010 2012 2014
Source: WHO, EC 2015,
IMF 2015
Last available data (2015):
80.4
80.4
2008
-30,569
-28,297
-31,854
280.2
247.2
233.1
80.4
80.4
Int.$, PPP 338.6
2008
(2014)
80.3
79.9
2010
2010
2014
2012 2012 2014
2008
2010
-31,553
80.3%
80.3
79.9
-27,716
2014
High % 338.6
High
7.76
6.78 338.6
6.15
280.2
5.80
247.2
233.1
2013
2012
2014
Low %
Low
80.3% – Int.$, PPP 339.4 (European Commission 2015, International
Monetary Fund262015)
25
25
25
Government
Action
675.0
Government expenditure on
tobacco control not including
the2010
control on the ITTP per
2008
1,000 inhabitants (US$)
6.8
22
22
71*
71*
22
69*
22
6.9
71
7.0
6.8
70*
2009
2010
6.8
2011
Value
2015
2012
Rank
23
22
6.9
69
71*
71*
69*
70*
2008
2013
2014
2012
2013 2014
2015
Rank
Value
(last available year)
23
High
71
7.0
2010 2011
2008
2010
2012 2013 2014
2008 20112010
Value
Rank
22
23
6.9
7.0
26
25
US$ 675.0
675.0
578.5
578.5
26
25
25
24
23
Source: WHO–Global Tobacco Epidemic
1.3
2008
30
1.1
1.2
1.1
1.3
8.6
2010
2011
2012
Composite indicator measuring
the presence of specific policy
12.3country
measures in the
11.0
10.8
Source:
1.2
8.4
1.1
1.0
Tobacco Supply Control*
2009
1.1
10.8
Transcrime
9.9
elaboration
2008
World Drug
Report 2011
2009
2010
4.5 Drug
World
Report
4 2015
Cocaine
3
2011
10.8
22.45
1.91
1
Low
2012
Cannabis
11.0
Tobacco Consumption and
Sale Control*
0.6 0.9
World Drug
Report 2011
World Drug
Report 2015
Opioids
(2015)
533
1.34
388
407
2007 2008 2009 2010 2011
4
5/5 points
3
(2015)
measures in the country
1
Tobacco Marketing and
Promotion*
4
4/5 points
3
(2015)
measures in the country
Cannabis
2.45
706
1.40
2011 2012 2013 2014 2015
2010 2011 2012 2013 2014
5
Cocaine
10.8
317
2012 2013 2014 2015
0.5 0.6
12.3
9.9
1.25
2011
8.4
4.5/5 points
0.6 0.9
0.5 0.6
Opioids
8.6
1.0
1.91
1.25
1.40
1.34
317
2010 2011 2012 2013 2014
2
2
1
* The indicator should not be interpreted as if a higher value is always better than a lower value. The objective is rather to synthetically
assess the intensity of policy measures in a specific field.
388
2007 2008 2
••France has regulated tobacco since the 1970s and
the tobacco market is closely regulated.
• The Veil Law, n° 76–616 of 9 July 1976, was the
milestone in tobacco control in France. It banned
tobacco advertising in the press on radio and
television, and during sports events, as well as forbid
the free distribution of tobacco samples. Furthermore,
it introduced health warnings on cigarette packs.
• The Evin Law, n° 91–32 of 10 January 1991, and later
amendments extended the scope of the Veil Law by
reinforcing restrictions on tobacco. The advertising of
tobacco products, either direct or indirect, is allowed
only at points of sale and must not be visible from
outside. The only exception to the advertising ban
concerned television broadcasts of motor sports
events in countries other than France, as stated in art.
L3511–5 of the French Code de la Santé Publique.
• The Evin Law initially prohibited smoking on all
public transport, in public or private educational
establishments, and hospitals and healthcare
institutions, as well as in all spaces dedicated to
reception, training or child accommodations. In 2008,
the ban was extended to hotels, restaurants, coffee
(Décret n° 2006-1386 du 15 novembre 2006 fixant
les conditions d’application de l’interdiction de fumer
dans les lieux affectés à un usage collectif). Violators
may receive a fine (up to €450 for smokers and up to
€750 for operators of public spaces) (see box Tobacco
control actions at the local level).
• Waterpipe bars’ activity falls under public health law
regulation on public smoking (art. L3511-7 Code de
la Santé Publique). These bars cannot be exclusively
smoking places, but reserve a specific smoking area
under technical obligations established by the law (art.
limits the expansion of these bars as some of them
have to comply or close down.2
2. It is forbidden to smoke in places intended for public use,
including schools and public transport, except in locations
specifically intended for smoking.
measures to reduce smoking prevalence in their
cities. Paris, Nice and La Ciotat (Provence-AlpesCôte d’Azur) are among the first examples of local
anti-tobacco regulations. Since smoking is no longer
allowed in public spaces, the number of cigarette
butts in streets has increased significantly. Indeed,
in 2011, the Paris authorities decided to impose
a €35 fine on smokers who discarded cigarette
butts on the streets (The Telegraph 2011). Another
initiative has been taken by seaside resorts, which
have established non-smoking beaches. Indeed, the
towns of La Ciotat, Nice and Cannes have created
special beaches for non-smokers (Nice-Matin 2012).
• In 2009, the ‘Bachelot’ Law (n° 2009–879 of 21 July
2009) was approved, and the legal smoking age was
raised from 16 to 18 years old. In 2003, the Recours
Law (n° 2003–715 of 31 July 2003) had already
31
restricted the sale of tobacco to minors, setting 16
years as the minimum legal age for the purchase
of tobacco products. According to this law, retailers
must request customers to produce some form of
identification before selling tobacco products to them.
Nevertheless, according to a survey conducted by the
Institut d’enquêtes LH2, 62% of 430 tobacco retailers
sold tobacco products without requesting any form of
identification (CNCT 2011).
• A Ministerial Order of 5 March 2003 prohibited the
sale of cigarettes with a tar yield of more than 10mg
(and/or more than 1mg of nicotine per cigarette and/
or more than 10mg of carbon monoxide per cigarette).
The law has been implemented since 1 January
2004 for cigarettes imported from third countries into
France, and since January 2005 for French tobacco
products exported to third countries (CNCT 2013b).
FRANCE
R3511-2 Code de la Santé Publique). Such regulation
French local authorities can decide to adopt
shops, bars, waterpipe bars, casinos and nightclubs
TOBACCO CONTROL ACTIONS AT
THE LOCAL LEVEL
Regulation
• It is forbidden in France to sell or purchase cigarettes
• The ‘Tobacco Products Directive’ (2014/40/EU)
through vending machines (Euromonitor International
updates the 2001/37/EC Directive. It strengthens
2012). Moreover, the Internet retail of tobacco
the rules on the manufacture, presentation and sale
products is prohibited. Indeed, the legislation prohibits
of tobacco products in the EU. It introduces limits
the distance retailing of manufactured tobacco
for characterising flavours in cigarettes, minimum
products in both France and French overseas
dimension for pictorial and text warnings, EU-wide
departments and imposes, since 2014, stricter
tracking and tracing system for the legal supply chain
controls over the shipment of tobacco products by
and visible and invisible security features.
express freight companies (art. 568 ter Code Géneral
des impôts).
••French regulation must comply with international
treaty obligations.
••French regulations must comply with EU
directives.
• Since 27 February 2005, France has been a party to
the WHO Framework Convention on Tobacco Control
• The ‘Television without Frontiers’ (TVWF) directive
(FCTC), an international treaty establishing a number
(Council Directive 89/552/EEC) banned the
of obligations relating to smoking reduction and
advertising of all tobacco products on television.
tobacco control.
‘All television advertising promoting cigarettes and
other tobacco products, including indirect forms of
advertising, are prohibited’.
• In November 2012, the Protocol to Eliminate the Illicit
Trade in Tobacco Products was adopted in Seoul,
South Korea. The protocol is part of the WHO FCTC
• European Commission Directive n° 37 of 2001
32
convention and focuses specifically on the illicit trade
established the maximum tar, nicotine and carbon
in tobacco products. France signed the protocol
monoxide yields of cigarettes; the health warnings to
in January 2013 and ratified it in November 2015
appear on unit packs of tobacco products, and the
(United Nations 2016).
obligation for manufacturers to disclose the individual
ingredients of tobacco products. The Directive
requires manufacturers to rotate a selection of 14
••France has one of the strongest anti-smoking
lobbies in Europe.
different health warnings to be displayed on tobacco
products.
• The Comité National Contre le Tabagisme
(CNCT, The National Committee against Tobacco
• European Commission Directive n° 33 of 2003
Consumption), founded in 1868, is the oldest
established that all forms of advertising of tobacco
association committed to preventing tobacco use in
products, either in printed media or on radio and
France. It collaborates with the French Ministry of
television, are prohibited. Furthermore, tobacco
Health and the National Cancer Institute in order to
sponsorship events are prohibited, including the
enhance anti-tobacco legislation and enforce tobacco
distribution of free tobacco products.
use prevention (CNCT 2013a).
• Under new EU safety standards, all cigarettes placed
• The Ligue Nationale Contre le Cancer (LNCC, The
on the market after 17 November 2011 must be
National League Against Cancer) created in 1918
RIP-compliant (i.e., Reduced Ignition Propensity)
focuses on scientific research and the prevention of
(European Commission Health and Consumer
cancer-related diseases. It takes part in state anti-
Directorate General 2010). Cigarettes must be
cancer plans (Plan cancer: 2003–2007, 2009–2013,
manufactured to be self-extinguishable in order
2015–2019) by aiding enactment of their measures
to reduce the chance of their setting fire to other
(Institut national du cancer 2014).
combustible materials.
14.8%
0
9,000
0
2.5%
8,500
0
• The Droits des Non-Fumeurs
(DNF, Non-Smokers
8,000
0
0
0
0
2010
• In 2014, tax incidence was approximately 80.3% of
Rights) association was founded in 1973 with the
the final retail price of the most sold brand and was
aim of supporting non-smokers
7,500 against second-hand
stable in comparison with the previous year. France
smoke. Its goal is to improve and enact effective
ranked 14th out of 186 countries for cigarette taxation
7,000
tobacco control legislation in
both metropolitan France
(WHO 2015a). In 2015, the tax incidence remains the
and overseas departments (DNF 2013).
same and the country ranks 7th out of 28 EU countries
2011
for cigarette taxation (European Commission 2015).
6,500
2009
82.6%
2012
2013
2014
• The Mission interministérielle de lutte contre la drogue
et la toxicomanie (MILDT, Interministerial Mission
in the Fight against Drugs and Drug Addiction) is
• In 2014, the tax level expressed in monetary terms
Cigars (mn units)
(total taxes for 1,000 sticks)
amounted to International
an official body created in 1982. It organises and
HRT France
(mn sticks
equivalent)
$ 338.6 and
ranked
3rd out of 28 EU countries
coordinates state action in the fight against drugs and
(European Commission 2015; IMF 2015).In 2015, the
drug addiction, including alcohol and tobacco. It works
amount is International $ 339.4.3
closely with French ministry departments and remains
vigilant on enactment of its decisions (MILDT 2013).
figure 11
• Alliance Contre le Tabac (ACT, Anti-Tobacco Alliance)
Figure 12. Cigarettes Tax incidence as a percentage of the Weighted
figurePrice,
12 2004–2015
Average
Source: Transcrime calculations on the European Commission (2015) data
40%
was created in 1991 after approval of the Evin law.
35%
It coordinates anti-tobacco lobbying associations in
90%
France and collaborates with both the French Health
80%
30%
Directorate General and the Institut National du
70%
25%
Cancer—INCa (National Cancer Institute) to enforce
60%
20%
tobacco control measures at both the national and
15%
10%
0%
• The Institut National de Prévention et d’Education
50%
30%
Pour la Santé (INPES, National Institute for
20%
Prevention and Health Education) is an official body
10%
created
2000
in 2002
for2014
implementing
2005 and is responsible
2010
policies on disease prevention and health education
High income
Medium income
(INPES 2012).
Low income
• The Observatoire Français des Drogues et des
Toxicomanies (OFDT, French Monitoring Centre
for Drugs and Drug Addiction) is an official body
created by a Ministerial Order in 1993 with the
purpose of observing drug use, drug addiction and
their consequences. In regard to tobacco, the OFDT
33
40%
0%
04
05
06
07
08
09
10
11
12
13
14
15
• Despite the harmonisation at EU level of excise duties
on manufactured tobacco, Corsica has been granted
an exception. Indeed, until 31 December 2015, it
applied a rate of excise duty lower than the national
rate. This has been done ‘in order to prevent damage
to Corsica’s economic and social equilibrium’ (Council
produces
a monthly statistical report on tobacco and
figure 14
Directive 2011/64/EU on the structure and rates of
Tabac (OFDT 2016).
National Assembly is discussing this disposition and
figure 15
excise duty applied to manufactured tobacco). The
500
10.0
is evaluating the alignment of excise duty with the
9.0
••Taxation on tobacco products is high, both as tax
450
national one (Le Monde du Tabac 2015a).
8.0
400
7.0
350
incidence on the final retail price and as total tax
per 1,000 sticks (Figure 12).
300
6.0
• 5.0Taxation underwent a major increase in 2004, when
4.0
French tobacco excise reached 80.4% of the final retail
3.0selling
price. Between 2004 and 2005, France was the
2.0European
FRANCE
tobacco addiction in France called Tableau de bord
5%
international level (Ligue Contre le Cancer 2013).
country with the highest excise on cigarettes.
3. Transcrime calculations on the Excise Duty Tables 2015 of the
250
European
Commission. Tax incidence as a percentage of the final
200 and taxation per 1,000 sticks (tax level expressed in
retail price
monetary
terms) was calculated according to the WAP in 2015.
150
Euro prices were converted into International $ through the
100
International
Monetary Fund conversion factor in 2015.
50
1.0
0
0.0
Opioids
Cocaine
Cannabis
02
03
04
05
06
07
08
09
10
11
12
13
14
Regulation
Table 2. Regulation on supply chain control in France
Supply chain control indicator
Value
1) The retail of tobacco products is subject to licensing
1 point
2) The manufacture of tobacco products is subject to licensing
1 point
3) There is a mandatory system of customer identification and verification applied
to the supply chain of tobacco products
1 point
4) There is a tracking and tracing system for tobacco products
1 point
5) Absence of free – trade zones for tobacco products
0.5 points
Note: the indicator should not be interpreted as if a higher value is always better than a lower value. Its purpose is rather to
synthesise the intensity of policy measures in a specific field.
••France invests significant resources in tobacco
control and smoking cessation policies.
• In 2010, the French government spent US$675 per
(4.5 points out of 5, Table 2).
• The retailing of tobacco is subject to licensing
1,000 inhabitants on tobacco control. France is among
in France. Tobacco retailers, in both Metropolitan
the countries that spend most money on tobacco
France and French Overseas Departments, must
control. Indeed, it ranked 11 out of 106 countries for
have a licence to sell tobacco products (art. 568
government expenditure in this regard (WHO 2011).
Code Général des Impots). The licence regulation for
th
34
••France has a high level of supply chain control
French Overseas Departments is recent; indeed, it
• The government has run several awareness campaigns
has been in force only since 2011 (Le Figaro 2011).
to highlight the health risks associated with tobacco
The monopoly on the retail of tobacco products is
consumption (Euromonitor International 2015b).
controlled by the DGDDI (Direction générale des
Indeed, Nicotine Replacement Therapy (NRT) has
douanes et droits indirects), which is responsible for
recorded an increasing trend in last year, rising from 1.9
the implementation and management of the network
mn patients in 2009 to 2.1 mn in 2010 (Alliance contre
of French tobacconists (WHO FCTC 2004) (Point 1 in
le tabac 2011). The French government offers a €50
Table 2).
reimbursement on National Health Insurance to people
who start therapy to stop smoking under medical
• The manufacture of tobacco products is subject
prescription. Since September 2011, the sum of €150
to licensing in France. Tobacco manufacturers must
has been offered to pregnant women involved in quit
have a license to manufacture tobacco products.
attempts (WHO FCTC 2012, 21).
They must officially communicate the number of
industry establishments and permit all inspections by
• Three cancer plans have been approved by the French
government during the past decade. The first ‘National
Strategy against Cancer’, also known as the ‘Cancer
Plan 2003–2007’, was launched in 2003 to inform
the French public about the health consequences of
smoking cigarettes and with the intent of de-normalising
tobacco consumption. The second plan covers the
period 2009–2013, while the third plan covers 2014–
2019 (Institut national du cancer 2014). These plans
support aggressive media campaigns through posters,
radio messages and television films informing the
public about the toxic components present in tobacco
smoke (Dupont de Rivaltz 2006).
law enforcement officers (art. 570 Code Général des
Impots) (Point 2 in Table 2).
• Customer identification and verification.4 There
• France is involved in the European Movement and
is a mandatory system of customer identification and
Control System (EMCS) project that provides the
verification applied to the supply chain of tobacco
electronic monitoring of movements of excise goods
products. This system has been established by the
such as alcohol, alcoholic beverages, tobacco
European Commission and European Anti-Fraud
products and energy products within the European
Office (OLAF) agreements. Specifically, the persons
Union (SNDJ 2011).
engaged in the supply chain of tobacco products must
conduct due diligence before and during the course
• The centre of expertise in tobacco (Pôle de
of a business relationship, as well as monitor the
compétence Tabac) is part of the Joint Service
sale to customers, ensuring that the quantities sold
Laboratories (SCL) of the DGDDI. It aims at identifying
are commensurate to the market demand (art. 568,
cigarette frauds and establishing a database of
art. 570 Code Général des Impots and Article 2-1 of
contraband cigarettes in order to map illicit networks of
Annex 1 of Ministerial Decision of 8 July 2010) (Point
tobacco trafficking (DGDDI 2011a, 31).
3 in Table 2, p. 34).
• There are two free trade zones in France.
• The supply chain in France is rather straightforward.
The distribution of tobacco products is undertaken by
• One free trade zone is in the port of Bordeaux,
a sole distributor, Logista France, which supplies the
and the second is in the port of the overseas
retail network monopoly consisting of approximately
department of French Guiana. In addition, there are
26,600 tobacconists (Logista France 2014).
free warehouses located at the ports of Bordeaux,
Dunkerque, Le Havre, Marseille, Rouen, Pointe-
• Tracking and tracing. In its 2012 submission to
à-Pitre, and Réunion. The island of Réunion, an
Overseas Department, has been designated a free
stated that it had developed a ‘practical tracking and
trade zone receiving Chinese counterfeit products
tracing regime concerning the distribution of tobacco
bound for Western Europe. Given Réunion’s
products’. In line with the requirements of the WHO
geographical position, its importance as a major
FCTC and its Protocol on Illicit Trade in Tobacco
transit trading port should not be underestimated
Products, France provides for a ‘unique, secure
(BASCAP 2012). However, the EU Customs Code,
and non-removable marking’ of all the packages of
as well as the French Customs Code envisage strict
tobacco products manufactured or imported (art. 569
controls over these zones, e.g., controls of the entry
Code Général des Impots). France has complied
and exit points, mandatory documentary records
with marking regulations, which contain information
for all the persons dealing with tobacco products,
allowing determine the origin and the final destination
sanctions for smuggling and seizures of counterfeited
of tobacco products (WHO FCTC 2012). However,
tobacco products (Art. 243, 244 Regulation 952/2013,
the Conseil d’Etat has yet to publish a decree to
Art. 417 Code des douanes, Art. L716-9 Code de la
implement this tracking and tracing system and the
propriété intellectuelle) (Point 5 in Table 2, p. 34).
provisions of the Directive 2014/40/EU regarding the
traceability will enter into force in 2019 (Point 4 in
Table 2, p. 34).
••Tobacco consumption and sales are closely
regulated in France (5 points out of 5, Table 3, p. 36).
of the Evin Law in 1991, there has been an
evolution in smoking bans in France. It was initially
prohibited to smoke in public or private educational
establishments, hospitals, healthcare institutions, and
in all spaces dedicated to reception, training or child
accommodation. Later, the Decree No. 2006-1386
extended the ban to all closed places open to the
public and places of work (Points 1 and 2 in Table 3,
p. 36).
FRANCE
• Smoking bans are in place. Since the approval
4. Customer identification and verification comprise a number
of measures ensuring that tobacco manufacturers perform their
activities with due diligence. This requires the industry to verify
essential information about commercial partners and to avoid
contact with dubious customers (Framework Convention Alliance
2010, 1). Tracking and tracing are systems (codes, markings
or tax stamps) making it possible to track (i.e., monitor tobacco
products in their route from the manufacturer to the retailer) and
to trace (i.e., recreate the route of tobacco products in the supply
chain) tobacco products, at least at the master case level or
equivalent.
35
the WHO on implementation of the FCTC, France
Regulation
Table 3. Regulation on tobacco consumption and sales in France
Tobacco consumption and sales indicator
Value
1) Ban on smoking in public places
Yes, 1 point
2) Ban on smoking in workplaces
Yes, 1 point
3) Ban on the sale of tobacco products from vending machines
Yes, 1 point
4) Prohibition of tobacco sales to minors
Yes, 1 point
5) Ban on smoking in bars, cafés and restaurants
Yes, 1 point
• It is forbidden to sell cigarettes from vending
• There is no ban on the display of tobacco
machines (art. L3511–2 Code de la Santé Publique)
products at points of sale in France. Tobacco
(Point 3 in Table 3).
advertising is allowed at points of sale but must not be
visible from outside or during television broadcasts of
• Prohibition of tobacco sales to minors. In July
2009, the ‘Bachelot’ Law raised the legal smoking age
motor sports (Evin Law, n° 91–32, 10 January 1991)
(Point 3 in Table 4, p. 37).
from 16 to 18-year-olds (Douillard 2012). Retailers
36
must request customers to show an identification
• The free distribution of tobacco samples is banned
document before selling tobacco products to them
in France. It is forbidden to organise events with the
(Point 4 in Table 3).
aim of sponsoring tobacco products and it is prohibited
to distribute free tobacco products (Evin Law, n°
• Smoking is banned in indoor pubs, cafés and
91–32, 10 January 1991). Indeed, delivering tobacco
restaurants. According to Decree No. 2006-1386, it is
gifts, such as free cigarette packs and lighters with
forbidden to smoke in indoor pubs, cafés, restaurants
brand logos, is not allowed in France (Euromonitor
and discos. Nevertheless, these public places can
International 2015b) (Point 4 in Table 4, p. 37).
provide smokers with an ad hoc reserved zone
complying with certain law provisions (art. R3511–2
Code de la Santé Publique) (Point 5 in Table 3).
• In September 2003, the European Commission
adopted rules for the use of pictorial health
warnings on tobacco products (Decision
••Tobacco marketing and promotion is medium-high
in France (4 points out of 5, Table 4, p. 37).
2003/641/EC). France envisaged mandatory
graphic health warnings in 2010 and, since 2011,
all cigarette packs carry such images, together with
• All forms of direct and indirect tobacco
the text warnings (Arrêté du 15 avril 2010 relatif
advertising and sponsorship through billboards,
aux modalités d’inscription des avertissements de
TV, radio and printed media are prohibited (Veil
caractère sanitaire sur les unités de conditionnement
Law, n° 76–616, 9 July 1976) (Points 1 and 2 in
des produits du tabac). The 2014 Tobacco
Table 4, p. 37).
Products Directive (2014/40/EU) introduced further
requirements for pictorial and text health warnings
Table 4. Regulation on tobacco marketing and promotion in France
Tobacco marketing and promotion indicator
Value
1) Ban on tobacco sponsorship and advertising in radio and TV broadcasts and in print media
Yes, 1 point
2) Ban on billboards and outdoor advertising
Yes, 1 point
3) Ban on the display of tobacco products at points of sale
No, 0 points
4) Ban on free distribution of tobacco samples
Yes, 1 point
5) Mandatory pictorial health warnings
Yes, 1 point
Note: The indicator should not be interpreted as if a higher value is always better than a lower value. Its purpose is rather to
• The National Assembly approved on the 25th
November 2015 the introduction of plain packaging
In conclusion, the tobacco market in France
of cigarettes from May 2016. The text provides for the
is intensely regulated at both the national and
establishment of neutral cigarette packets, all having
European Union level. The taxation on tobacco
the same shape, same size, same colour and the
products is high, both as a share of the final retail
same typography, without any logo (Le Monde.fr 2015).
price and as taxation per 1,000 sticks. There is a
The introduction of plain packaging can increase: the
high level of control on the supply chain and on
risk of counterfeiting of tobacco products, the risk of
tobacco consumption and sales, and a medium-high
decreased differentiation between legal and illegal
level on tobacco marketing and promotion.
products, the risk of ITTP (Transcrime 2012, 26).
37
FRANCE
38
CRIME ENVIRONMENT
39
rance has low crime levels, few structured
organised crime groups, low corruption and a limited
informal economy. Drug use in the country is high,
which may indicate that illicit distribution networks
provide opportunities for illicit trafficking, from
drugs to illicit tobacco. Criminal networks in France
are diverse and operate in different illegal markets,
although most of them engage in drug trafficking.
F
FRANCE
233.1
6.7
80.4
2012
2014
2008
2010
6.1
6.1
5.9
7.765.7
80.3 6.78
Crime Environment
6.15
20052012 20102014
9.3
9.1
9.2
2008 2009 2010 2011 2012 2013
34
32
31
2010 2012 28
2008
2014
10.3 10.3
Corruption
7.4
25
Corruption
Perception Index
75.0
26
25
22
9.3
7.4
71*
7.0
6.8
2006
2010
2010
71*
2009
69*
2010
1.2
1.1
54,108
51,404
47,466
44,950
70*
0.5 0.6
2011
2012
2013
2014
Homicide
rate
per
World Drug
Report 2011
100,000 inhabitants
9.9
12.3
6.15
5.80
10.8
6.78
Opioids
(2015)
2009
2010
2011
2010
2012
2014
Organized
Crime Index
1.1
0.9
0.6-27,716
51,404
47,466
1.2
1.1
World Drug-31,553 -31,854
Report 2015
Tax
1,000
2010per
2011
2012sticks/Int.$,
2013 2014PPP
2010
2008
2011
1.0
2012
7.0
6.8
2012
2008
706
533
2010
Value
2009
Cocaine
233.1
247.2
High
Cannabis
Low
280.2
2.45
706
1.91
80.4
80.4
2008
1.40
1.2580.3
79.9
2010
2012
25
24
533
1.34
2014
25
26
23
22
22
Tax %
final retail price
Tax per 1,000 sticks/Int.$,
2010 2011PPP
2012 2013 2014
9523out of 156 countries
26
69*
25
70*
2013 2014
2009
2011
Value
7.0
6.8
71
2007 2008 2009 2010 2011
22
22
2012
2013
23
2014
6.9
Rank
71*
71*
1.3
1.2
Drugs
1.1
1.1
Annual prevalence of
opioids, cocaine and
cannabis use (15–64)
2008
2009
1.3
1.1
0.5 0.6
Source:
2010 2011
2012
UNODC–World Drug Report
10.8
12.3
9.9
World Drug
Report 2011
2008
Cocaine
2009
Indicator of the presence
of market–based
activities that escape the
official estimates of GDP
2010
Cannabis
2011
2.45
2012
1.91
11.0
10.8
1.40
1.25
12.3
9.9
10.8
opioids 0.6
cocaine 0.9
8.6
cannabis 8.4
Value
69*
70*
6.9
2013 2014
Rank
High
6.8
Low
2009
2010
Va
2015
High
High
8.4
opioids: 47 out of 130 countries
cocaine: 34 out of 93 countries
0.9
0.6
cannabis: 18 out0.5of0.6187 countries
World Drug
2011
(last available Report
year)
706
World Drug
Report 2015
Opioids
Cocaine
533
1.34
12.3
317
388
407
Low
Low
Low
opioids cocaine cannabis
Cannabis
2.45
High
706
1.91
23 out
of 31
2007 2008
2009 countries
2010 2011
2012 2013 2014 2015
Source: Schneider (2015)
1.0
World Drug
Report 2015
10.8
Shadow Economy
2011
1.2
0.6 0.9
1.1
Opioids
11.0
8.4
1.0
2011 2012
25
24
23
69
26
25
2010
2015
Rank
71
7.0
407
388
317 High
2008
2010
8.6
2
Valu
2014
338.6
2010
2008
2010
Low
Rank
8.4
Opioids
407
27.0
2011 2012
2015
0.6 0.9
-28,297
-30,569
-31,553 World Drug
World Drug
-31,854
Report 2011
Report 2015
2008
675.0
2010
7.
6.8
0.5 0.6
(last available-27,716
year)
2014
2014
71*
6.9
70*
2013 2014
2013
8.6
2007 2008 2009 2010 2011
71*
69*
2014
2011 2012
6.9
6.9
6.8
(last available
year)
578.5
71*
2012 25
2013 25
2014 2015
22
22
Source: Van Dijk (2008),
“The World of Crime”
2008
71*
6.8
2009 2010
44,950
1.0
-28,297
-30,569
23
22
2014
6.9
2011
25
24
23
26
Rank
2006
Cannabis
2011
2010
2012
2013
338.6
2008 2.45
2009 2010 2011
280.22012
247.2
233.1
Composite Organized
Crime Index
675.0
578.5
2013
7.0
1.40 1.34
80.4 6.7879.9 7.76 80.3
80.4
1.25
388
12.3
6.15
317
11.0 10.8
5.80
10.8
9.9
2008
2010
2012
2014
012 2013 2014 2015
40
2012
Value
2015
Cocaine
7.76
28
69
71
22
2008
1.91
2008
71
7.0
6.8
2010
Source: UNODC
34
31
High
Value
54,108
1.3
2014
25
25
6.9
1.0
2010
2011
2012
2012
26
2008 8.4 2010
8.6
Homicides
0.8
2010
2010
25
2010
54,797
2010
2005
2008
80.3
79.9
22 price
22
Tax % final retail
2010 2009
2011
2012 2012
2013
2008
2010 2011
2013 2014
2014
54,797
80.4
32
6.9
2014
675.0
2011
578.52012 2013 2014
Value
Rank
80.4
70.0*
10.3 10.3
9.8
9.2
25
24
23
23
22
9.1
Source: Transparency
2008 2009 2010 2011 2012 2013 2014
International
338.6
280.2
247.2
233.1
9.8
10.27
10.25
6.5
79.9
5.80
2008 2009 2010 2011 2012 2013
0
80.4
1.25
1.40
533
1.34
2010 2011 2012 2013 2014
317
388
407
(2015)
2011
2012 2013 2014 2015
2010 2011 2012 2013 2014
2007 2008 2009 2010 2011
Low
* Corruption perception index ranged from 0 to 10 until 2011. Since 2012, it ranges from 0 to 100. Highly corrupted countries occupy low
positions in this rank.
40%
2005
35%
2000
2010
30%
Highschool diploma
25%
Chapter 1: The
Drivers
HighFive
income
2014
2014
0%
04
Low income
25%
CRIME TRENDS
20%
DRUG CONSUMPTION
AND MARKETS
15%
20%
15% ••Crime
10%
10%
40%
2005
2010
35%
Medium income
30%
2000
No diploma
e 13
0
0%
45%
••Drug use
10%is high in France.
is decreasing in France.
5%
Figure 14. Prevalence of cannabis, cocaine and opioids use, 2011
• Some violent crimes, including robbery and homicide,
5%
0%
have decreased overall since 2003. Conversely,
andfigure
2015
sexual violence and assault increased in 2003–2013
Source: Transcrime calculations on UNODC (2015d) data
140%
2000
2005
High income
2010
figu
2014
10.0
Low income
500
9.0
450
• Homicides
decreased in the last
decade. In 2012,
Highschool diploma
8.0
400
7.0
350
6.0
300
2000 and +34.3%,
2005 respectively)
2010 (UNODC2014
(+1.4%
2015a).
No diploma
the homicide rate was 1.0 per 100,000 inhabitants.
According to UNODC data, France ranked 178th
among 204 countries for its homicide rate (Figure 13)
(UNODC 2015c).
Figure 13. Homicide rate per 100,000 inhabitants, 2000–2012
figure 13
5.0
250
4.0
200
3.0
150
figure 14
2.0
Source: Transcrime calculations on UNODC (2013) data
Medium income
100
50
1.0
2.0
01
02
03
1.8
04
1.6
0.0
05
06
07
08
09
10
11
12
8.0
Opioids
Cocaine
Cannabis
7.0
1.4
6.0 Western European countries
• France is among the
1.2
5.0
with the highest opioids
use prevalence rates.
1.0
respectively) (UNODC
2.0 2011, 51). The value of the
0.4
French heroin market
1.0 in 2011 was estimated at
US$2 bn, ‘pocketed
figure 18
0.0almost entirely by France-based
0.2
figure 19
report ranks
2011
distributors’ (UNODC 2011,World
83).Drug
France
47th outWorld Drug Report 20
00
01
02
03
04
05
06
07
08
09
10
11
12
of 130 countries for opioids consumption (UNODC
Opioids
2015c).
25%
Cocaine
Cannabis
30%
• All property crimes, including motor vehicle theft,
theft in general and burglary, have shown a general20%
purchase of opium in Turkey, processed it into heroin
• In 2014, crime rates were higher in Île de France,
in laboratories operated by Corsicans in Marseille and
15%
then smuggled the final product into the United States.
Provence-Alpes-Côte d’Azur, Languedoc-Rousillon,
Nord-Pas-De-Calais and Rhône-Alpes. Also the
figure
16
rate (ONDRP 2014).
e 20
the French Connection supplied a large amount of the
figure 18
5%
• With 0.88% prevalence in use, France ranks 34th out
06
of
07
0%
25%
9308
countries
for
09
10 cocaine
11
12consumption
13
14 (UNODC
15
06
20%
and France account for 80% of total European
percentage since 2007 (Rizk 2015).
cocaine consumption (UNODC 2011, 93). A peculiarity
10.0
07
2015c). The United Kingdom, Spain, Italy, Germany
when outside their homes. This is the highest
12.0
10%
heroin used in the United States (UNODC 2012, 67).
5%
18.0
0%
09
10
11
12
13
14
• 16.0
Notwithstanding the decrease in crime rates, nearly
Euromonitor
International
KPMG 21.1% of French
adults
report that they feel unsafe
14.0
15%
It is estimated that, during the 1960s and early 1970s,
10%
08
20%
FRANCE
Overseas Department of Guyane has a high crime
07
25%
• The ‘French Connection’ of the 1930s organised the
decrease since 2003 (UNODC 2015c).
06
Kingdom and Italy3.0
(350,000 and 216,000 users,
0.6
0.0
41
4.0
With 190,000 estimated
users, it follows the United
0.8
e 16
0
10.0
9.0
of cocaine15%
consumption in France is that 20% of
consumers inject it instead of snorting it (UNODC
8.0
2011, 83).10%
6.0
figure 21
4.0
figure
5%
2.0
0.0
06
07
08
KPMG
09
10
11
12
13
14
3.2%
3.2%
0%
5.4%
06
07
08
09
10
11
12
13
14
15
50%
Crime Environment
• The annual prevalence of cannabis use in France is
high (18th country out of 187 according to the 2015
World Drug Report (Figure 14, p. 41). Cannabis
is the most commonly used drug in France, with a
prevalence rate of 8.4% in the last World Drug Report.
• The total amount of cannabis resin seized in Europe is
larger than the total amount of cannabis herb seized in
the same zone, although at the global level cannabis
resin seizures amounted to about one-quarter of
cannabis herb seizures in France in 1990–2009
(UNODC 2012, 73). Indeed, France is among the
highest-ranking countries for cannabis resin seizures,
with 70.9 tonnes of cannabis resin seized in 2013
(UNODC 2015c).
ORGANISED CRIME AND CORRUPTION
THE CRIME ENVIRONMENT IN
MARSEILLE
Marseille, the second-largest city in France, has
long been dominated by the ‘French Connection’
dedicated to heroin trafficking. This city is an
emblematic case of an urban area penetrated by
organised crime (Montel 2008). Today, there are
no large hierarchical criminal groups in the city,
but rather fluid networks operating across different
criminal markets. Traditional local crimes have
been control over prostitution, gambling, money
counterfeiting, kidnapping for ransom and the
cross-border smuggling of goods ranging from
drugs to cigarettes, firearms and other types of
products (Alvarez 2003; Capdepon 2015).
••France has a relatively limited, but diversified,
presence of organised crime activity, and
corruption is low.
• France ranks low on the composite organised
42
crime index, scoring 27 and occupying the 95th place
among 156 countries. Low positions in this ranking
are occupied by countries with a limited presence of
organised crime (van Dijk 2008).
• The term ‘organised crime’ has not gained wide
acceptance in France because it only appeared
for the first time in public debate in the early 1990s
(Paoli, Fijnaut, and Lalam 2004). Instead, terms like
‘milieu’ (underworld) and ‘grand banditry’ are more
commonly used to refer to indigenous French criminal
organisations existing prior to World War II and
engaged mainly in drug trafficking. The main part of
this criminal elite is of low, working-class origin and
resides predominantly in South-Eastern France and
especially in Marseille, Toulon, Nice, Lyon, Grenoble
and in the Corsica region (Gounev and Bezlov 2010).
••Corsica and Marseille are specific cases within
the French criminal panorama (see boxes The
crime environment in Marseille and The crime
environment in the Corsica region).
THE CRIME ENVIRONMENT IN THE
CORSICA REGION
The Corsica region, with a population of 320,200
and a historically violent independence movement,
has a distinctive criminal landscape. Indeed,
the boundaries between organised crime and
clandestine independence groups are blurred
because some nationalist fighters have converted
themselves into organised criminals attempting
to take over parts of the local economy through
extortion or racketeering (Gounev and Bezlov
2010). Nevertheless, there also exist structured
clans which control economic, political and
administrative powers by using fluid clientelistic
relationships; they include clans such as ‘Brise
de Mer’ or ‘Du Valinco’. The influence of Corsican
organised crime is not confined to the island
itself, for it spreads to Marseille, Southern France
and to Paris and other big cities (Follorou and
Nouzille 2004). Criminal proceeds from activities
on the mainland are often laundered in Corsica by
criminals (Gounev and Bezlov 2010).
• In some cases, marginalised immigrant communities
contribute to the formation of criminal structures
in ‘difficult suburbs’ of large cities across France
(Gounev and Bezlov 2010).
• Foreign criminal networks specialized in particular
criminal activities include Russian groups, which
mainly engage in money laundering, financial crimes
and arms trafficking. Eastern European groups deal
with prostitution, burglaries and car thefts, while
In conclusion, in France criminal networks are
diverse, and they operate in different markets. Most
of them also engage in drug trafficking. The country
has a low level of corruption, and the informal
economy is very limited. Nevertheless, drug
consumption is high. This may indicate that illicit
distribution networks provide opportunities for illicit
trafficking, from drugs to illicit tobacco.
Chinese groups specialise in money laundering
(National Gendarmerie 2015).
••Criminal groups often operate within the illicit
drugs market.
• With respect to the illegal drugs market, all criminal
groups in France are ‘simultaneously involved, either
working jointly or being involved in different aspects of
this market’ (Gounev and Bezlov 2010).
• After World War II, the main organised criminal
activities included prostitution and human trafficking,
bank robberies, kidnapping for ransom and other
activities including forgery, racketeering and gaming
43
machines. The drug market gradually became the
2015).
••France registers a low level of corruption and
shadow economy.
• The country has low corruption, with a high score
(70) on the Corruption Perceptions Index 2015
(23rd position out of 168 countries) (Transparency
International 2015).
• Corruption is more common in particular geographical
areas: the Corsica region, large cities or specific
energy, real estate or defence (Gounev and Bezlov
2010).
• In 2015, the shadow economy is small (12.3% of the
GDP). The country ranked 23th out of 31 countries
(Schneider 2015).
FRANCE
economic areas such as public utilities contracts,
largest illegal market in France (National Gendarmerie
44
ENFORCEMENT
45
FRANCE
rance has efficient law enforcement with a
medium-low number of police personnel, medium
rates of judges, and a large prison population. New
enforcement actions aim at limiting the flows of
illicit tobacco especially through Internet and postal
delivery. European cooperation, together with customs
collaboration with neighbouring countries, is acting to
improve the fight against the unlawful exportation and
importation of goods, including tobacco products.
F
2011
2010
6.78
6.15
5.80
2012
2013
-27,716
2014
-31,553
Enforcement
338.6
2012
80.4
280.2
247.2
233.1
Police
2014 personnel
rate per 100,000
inhabitants
2010
-28,297
-31,854
7.76
Police
2008
-30,569
304.0 297.0 290.3
290.1
80.3
80.4
79.9
2008
2010
172.4
172.4
2014
2012
(2013)
Source: UNODC
2009
2010
25
2011
25
2012
22
2013
26
7.0
71*
71*
69*
2008
1.3
2010
Judiciary
2010
9.2 2013
9.0 2014
20119.2 2012
Value
Professional judges
rate per 100,000
1.2
1.1 inhabitants
1.1
9.4
2010
2011
2012
8.4
46
2011
10.8
12.3 Products
Tobacco
10.8
9.9
Seizures
Quantity of seized tobacco
in tonnes per 100,000
inhabitants
Source: DGDDI
2012 2013 2014 2015
2011
2012
0.5 0.6
0.6 0.9
World Drug
Report 2011
World Drug
Report 2015
Opioids
11.0
6.9
6.8
2009
2010
9.0
2015
Rank
7.0
71
71
69
2012
2013
2014
2011
Value
Rank
Cocaine
Low
Cannabis
Tob. 1.34 tn
2.45
706
1.91
1.25
1.40
533
1.34
317
2010 2011 2012 2013 2014
388
(2015)
407
2007 2008 2009 2010 2011
10 years
of imprisonment
Likely maximum penalty
for an hypothetical
serious case of ITTP
2/5 points
Anti–ITTP Action*
High
2013
Penalty for ITTP
Composite indicator
measuring the presence of
specific policy measures
in the country
Low
(last available year)
1.0
Source: UNODC
2009
22
8.6
2009 2010
2008
22
70*
2008
9.4
26
25
23
22
6.9
6.8
25
24
23
675.0
578.5
High
(2015)
2
1
* The indicator should not be interpreted as if a higher value is always better than a lower value. The objective is rather to synthetically
assess the intensity of policy measures in a specific field.
LAW ENFORCEMENT IN FRANCE
• The police personnel rate per 100,000 inhabitants
in 2013 was 172.4. This is low compared to other
European countries. The country ranks 79 out of
th
91 countries for police personnel rate per 100,000
inhabitants (UNODC 2015b).
• The police system includes The National Police
(La Police Nationale Française) and the National
Gendarmerie (La Gendarmerie Nationale). Both are
under the jurisdiction of the Ministry of the Interior.
• The rate of judges per 100,000 inhabitants in
2013 was 9.0. France ranks 48th out of 82 countries
surveyed by UNODC. The rate has gradually
decreased since 2006, when it was 13.1 (UNODC
2015b).
• In 2013, the total number of persons held in prisons,
penal institutions or correctional institutions per
100,000 inhabitants was 104.3, corresponding to a
total amount of 67,075 detained persons. In 2013,
France ranked 52nd out of 72 countries for prison
population (UNODC 2015b).
••The main bodies involved in the fight against the
ITTP are:
• The DGDDI Directorate General of Customs and
Indirect Taxes (Direction générale des douanes et
droits indirects) is under the Directorate General of
Customs and Indirect Taxes, part of the Ministry of
the Budget, Public Accounts and Civil Service. It
is in charge of detecting and tackling frauds, illicit
trafficking, counterfeit products and tobacco trafficking
• The National Judicial Customs (SNDJ—Service
national de douane judiciaire) is authorized to conduct
customs judicial investigations for all offences related
to counterfeited products and to French domestic
taxation regulations (SNDJ 2013).
online fraud and the sale of counterfeited goods,
including tobacco products. Since September 2012,
with prior authorization by the prosecutor’s office
(Procureur de la République), Cyber Customs
analysts can participate in online transactions using
pseudonyms in order to collect data on alleged
traders of illicit products (Ministère de l’Économie,
des Finances et de l’Industrie, n.d.). The aim of the
Cyber Customs is to disable suspect websites and to
discover other domain names of connected fraudulent
websites (Binetruy, Dumont, and Lazaro 2011 p.82).
• The National Police is in control of the internal
security in the country. Further, through the Border
Police Central Services (DCPAF—Direction centrale
de la police aux frontiers), it is in charge of crossborder movements. This law enforcement agency
deals with cross-border organised crime, financial
crime, terrorism and drug trafficking. Furthermore, it
coordinates and reinforces European customs and
police cooperation among six countries: Germany,
Belgium, Spain, Italy, Luxembourg and Switzerland
through 10 cooperation centres (CCPD—Centre de
47
coopération policière et douanière) (Police Nationale
2011a).
••French police have a good level of cooperation
with European institutions.
• The French law enforcement agencies cooperate with
European institutions through Europol, Schengen and
Interpol. The Judicial Police Central Services of the
National Police, and the subdivision for International
Relations in particular, is responsible for international
police cooperation (Police Nationale 2011b; Police
Nationale 2011c).
••The Intellectual Property Code (Code de la
Propriété Intellectuelle), the General Tax Law
(Code général des impôts, CGI), Customs Code
and the Penal Code are the main sources that
regulate smuggling and counterfeiting (see box
Hypothetical case, p. 48).
• Low penalties applicable to serious cases of tobacco
smuggling make this activity highly profitable, and
with relatively low risks (Le Républicain-Lorrain 2012).
FRANCE
(Europol 2013).
and part of the DGDDI, specialises in combating
THE FIGHT AGAINST THE ITTP IN
FRANCE
• The Cyber Customs (Cyberdouane), set up in 2009
Enforcement
It is forbidden to buy and bring counterfeited goods of
any kind, regardless of their monetary value, into France.
French DGDDI has the power to seize goods and impose
on offenders fines pondered on the value of the original
non-counterfeited product (Département Communication
de crise et communication territoriale de l’État 2013).
HYPOTHETICAL CASE
A criminal organisation composed of 11 members used a house in the periphery of a large city as an illicit factory
for the production and distribution of tobacco products. For at least 16 months, with a clear division of tasks and
functions among them, the members of the organisation illegally manufactured tobacco products (cigarettes and
hand rolling tobacco); packed them in packaging bearing false trademarks of legitimate brands (produced by the
same organisation); distributed the products to various wholesalers and retailers; and sold the illicit products through
a network of bars and street sellers. No tax or duty was ever paid on these products. The law enforcement agencies
seized a total of 10 tonnes of illegal tobacco products stocked inside the house. All the members of the organisation
had previous records for fraud, forgery and illicit trade in tobacco products. The members could not justify their
incomes through any form of employment, suggesting that the illicit business was their sole source of income.
The applicable penalties in France
There are several applicable offences, regulated by different French laws:
48
1. French Criminal Code (provisions and penalties)
•Article 450–1 (Association de malfaiteurs). A criminal organization is any group established to prepare or
commit one or more material actions, one or more crimes, or one or more offenses punishable with at least five
years of imprisonment. Should the crimes or offenses committed be punishable with 10 years of imprisonment,
the participation in a criminal association is punished with 10 years of imprisonment and a €150,000 fine.
Should the crimes or offenses committed be punishable with five years of imprisonment, the participation in a
criminal association is punished with five years of imprisonment and a €75,000 fine.
•Article 131–21, the additional penalty of forfeiture is incurred for crimes and offenses punishable with
imprisonment for a term exceeding one year, except for press offenses. If it is a crime or an offense punishable
by at least five years of imprisonment, then confiscation can occur with the focus on the real or personal
property belonging to the offender or to the owner in good faith. If they are not able to justify the goods’ origin,
they can be ordered to be valued and forfeited.
2.General tax code provides the discipline for the manufacture, transport, distribution and sale of tobacco
products. In particular, according to:
• Article 575J, it is forbidden for anyone to have utensils, machinery or mechanical items such as mills, graters,
grinders, impellers, mechanical to shreds, carrot and other presses in any form that can be suitable for the
manufacture of tobacco.
• Article 575K states that it is forbidden for anyone to conduct the professional manufacture of cigarettes for a
profit, except when the manufacturing is done in the consumer’s home within the limits of his personal needs,
by itself, by family members or people in their service.
Any infringement of the provision of the general tax code relating to tobacco products is punished with a fine
between €15 and €750, and an additional fine of up to three times the amount of the excise taxes that should have
been paid (and a fine between € 500 and € 2,500 and an additional fine of up to five times the amount of the excise
tax that should have been paid for the unlawful manufacture, possession, sale and transport of tobacco products)
(Articles 1791 to 1791 ter).
The illegal manufacture, possession with the aim of resale, sale, remote sale, transport, remote acquisition and
import through distance selling of tobacco products are punished with imprisonment for up to one year and the
confiscation of means of transportation, equipment, machinery, and any packaging materials (Article 1810). These
people are considered and punished as illegal manufacturers: individuals possessing manufacturing machinery,
tobacco leaves, raw tobacco or more than 10 kg of bulk tobacco without trademarks of the administration; those
who profess to make it for others or accidentally manufacture it for a profit, using cigarette smoking tobacco; and
warehouse keepers and traders of illegal manufactured tobacco (Article 1810). Moreover, the prison sentence is
increased to five years for offenses committed by organised criminal groups (Article 1811).
3. Customs Code (provisions and penalties)
Smuggling is any unlawful importation or exportation as well as any violation of laws or regulations relating to the
detention and transportation of goods within the customs territory (Article 417 paragraph 1). Imports or exports of
goods without a declaration through a customs office is assimilated into smuggling (Article 417 paragraph 3).
Any act of contraband is a crime punished with three years of imprisonment, confiscation of the object of fraud,
confiscation of means of transportation, confiscation of objects used to conceal the fraud, confiscation of property
and assets that are the direct/indirect product of the offense, and a fine of between one and two times the value of
the object of the fraud. The penalty shall be 10 year of imprisonment and up to five times the value of the objects
when smuggling is committed within a criminal organization (Article 414).
4. Intellectual Property Code (provisions and penalties)
• Article L716–9 states that any person, who, for the purpose of selling, supplying, offering for sale or lending
goods under an infringing mark a) imports, under any customs regime, exports, re-exports or trans-ships goods
presented under an infringing mark or b) reproduces industrially goods presented under an infringing mark,
shall be liable to four years of imprisonment and a fine of €400.000. Where the offences provided for under this
49
article have been committed within an organised criminal group, the penalties will be increased to five years of
• Article L716–10, a person who holds, imports, exports, sells goods presented under an infringing mark;
reproduces, imitates, uses a mark in violation of its owner’s rights; delivers knowingly a product or provides
a service other than that which is required of him under a registered mark shall be liable to a three-year
imprisonment and a fine of €300.000. If the offences are committed by an organised criminal group, the
penalties shall be increased to five years of imprisonment and a fine of €500,000.
• Article L716–12: in the event of repetition of the offenses defined in Articles L716-9 to L716-11, or if the offender
had contractual bonds with the aggrieved party, the penalties involved shall be doubled.
• Article L716–13: any object used in the trademark infringing process, e.g., the machinery, will be destroyed.
5. Applicable penalties
According to the French Criminal Code (Article 132-2), in the case of multiple applicable offences with penalties
penalty would be as high as the highest penalty among those provided for the different offences, and if the
applicable penalties are of a different nature, they may be applied jointly (e.g., imprisonment and a fine).
Consequently, it seems likely that the maximum applicable penalties in the above-described case would be
imprisonment for up to 10 years and a fine up to €500,000 (Article 414 of the Customs Code and Article 450–1 of
the French criminal code, Article 716 of the IPC–Intellectual Property Code).
Article 131–21 of the Penal Code allows for the confiscation of additional assets of the perpetrator and thus
provides a further sanction. More importantly, in the case of extended assets forfeiture, it is for the defendant to
prove that his/her assets were derived from legal sources, i.e., the burden of proof is reversed. Since the members
of the criminal organisation did not have other sources of income, their assets could be forfeited as having been
derived from unlawful sources of income.
FRANCE
of the same nature (e.g., different forms of deprivation of liberty or pecuniary penalties), the maximum applicable
imprisonment and a fine of €500,000.
Enforcement
Table 5. Measures against the ITTP in France
Anti–ITTP action indicator
Value
1) National Action Plan against the ITTP
Yes, 0.5 points
2) Cooperation agreements between national public bodies and tobacco companies
to prevent and control the ITTP
Yes, 1 point
3) National public awareness campaign against the various forms of the ITTP
No, 0 points
4) Legal duty for tobacco manufacturers not to facilitate smuggling
Yes, 0.5 points
5) Official estimates of the size of the ITTP
No, 0 points
••Anti-ITTP action in France is medium-low, with 2.0
points out of 5 on this indicator (Table 5).
•The establishment of joint investigation teams in
sensitive areas, such as the Franco-Spanish and
Franco- Belgian frontiers.
• France has introduced specific policy actions
against the ITTP.
•Launching joint monitoring operations at the
European level with the aim of monitoring the
railway trafficking of illicit tobacco products.
• In September 2011, the French Budget Minister,
50
Valérie Pécresse, presented a government action plan
against cigarette smuggling. The plan involves several
measures against the ITTP and aims at increasing
illicit tobacco seizures by at least 15% compared
with 2010. Several measures are detailed in the plan
(Point 1 in Table 5):
•Automatic licence plate recognition systems
(LAPI-Lecteurs Automatisés de Plaques
d’Immatriculation) and additional trained staff to
fight cigarette smugglers transporting illicit tobacco
on vehicles.
•Improving identification of the origin of tobacco
seized in order to track and trace the supply chain.
•Set up a database and conduct laboratory
analysis on seized tobacco. The new system,
called ANATAB, should guarantee a better
understanding of the origin of products, help in
identifying supply channels, and keep records
of seizures (Ministre du Budget, des Comptes
Publics, et de la Réforme de l’Etat 2011).
• In September 2014, the French Minister of Social
Affairs, Health and Women’s Rights, Marisol Touraine,
•Dismantling the online trafficking of illicit tobacco
presented the ‘National Tobacco Reduction Program’
products through a specific taskforce of expert
(PNRT), focused on fighting tobacco consumption. The
analysts of the Cyber Customs (Cyberdouane).
program is based on three axis, one of which focused
•Specific measures for the hotspots of tobacco
on strengthening the fight against the ITTP and the
smuggling. A special provision concerns the
illegal tobacco marketing via Internet (Axis 3) (Ministére
outskirts of Marseille and Paris, where the number
des Affaires sociales, de la Santé et des Droits des
of law enforcement officers involved in anti-ITTP
femmes 2014b). To achieve these goals, the Minister
actions has been doubled due to high volumes of
would present an interdepartmental plan against illicit
tobacco smuggling.
tobacco trade, involving DGDDI and DGCCRF (Direction
•Inclusion of the fight against tobacco trafficking
among the priorities of Regional Intervention
Groups (GIR–Groupes d’Intervention Régionaux)
coordinated by the Directorate Central of the
Judicial Police.
générale de la concurrence, de la consommation et de
la répression des frauds). This plan would concentrate
on reinforcing and improving the application of the
sanctions against smugglers. In addition, the plan
would increase international cooperation in the field of
traffic (Ministére des Affaires sociales, de la Santé et
des Droits des femmes 2014a). The specific action plan
against the ITTP has not yet been presented.
• Specific agreements between national public
• The signature, in January 2013, and the recent
bodies and tobacco companies to prevent and
ratification, in November 2015, of the Protocol to
control the ITTP.
Eliminate Illicit Trade in Tobacco Products (WHOFCTC) further widens the commitment of the French
• The European Commission has signed legally
government to ‘protecting the health of their citizens,
binding and enforceable agreements with tobacco
particularly the young and vulnerable’ against all
manufacturers. The four largest tobacco manufacturers
forms of illicit trade in tobacco products, including
have agreed to finance the EU and the countries
smuggling and illegal manufacturing. This renewed
participating in the agreement to prevent their products
commitment may reduce the availability of tobacco
from falling into the hands of illicit traffickers. Indeed,
products by curbing the demand for illicit tobacco
manufacturers must supply only the quantities of
tobacco required by the legitimate market and ensure
that they sell only to legal clients by implementing a
• In France, there is no legal duty for tobacco
tracking system (European Commission 2004; 2007;
manufacturers not to facilitate smuggling.
2010a; 2010b).
However, the four major tobacco companies have
signed agreements with the EC, represented by
• A Memorandum of Understanding (MoU) between
OLAF. The parties aim to eliminate the ITTP on the
DGDDI and PMI International was signed on 12
EU’s territory and to assist the law enforcement
October 2005, following PMI’s EU agreement with
agencies (WHO 2009, 35; Sieber 2010, 90) (Point 4
OLAF. The main elements of the MoU were the
in Table 5, p. 50).
exchange of information, assistance in the fight
against counterfeiting, the training of customs
officers in identifying counterfeited products and joint
• There are no yearly, publicly available estimates
of the ITTP in France.
communication (e.g., destruction of seizures).
• The supply of illicit tobacco in France is not subject
• In 2007, DGDDI signed another MoU with the
to routine monitoring, but several studies have
addressed this information gap and assessed the
protocol was to define a framework for cooperation to
size of the French parallel tobacco market in regard
strengthen the fight against all forms of illicit trade in
to both its legal (cross-border purchases) and illegal
cigarettes, including the smuggling and counterfeiting
parts (Lalam et al. 2012).
of cigarette brands marketed by British American
• The DGDDI annually discloses the number of
seizures and the quantity of illicit tobacco products
• In 2011, the DGDDI developed several partnerships with
Internet sales operators. Two MoU were signed, first
seized at French borders and last years’ data allow
disaggregation between cigarettes and HRT seizures.
with ‘Priceminister’ and then with ‘2xmoinscher.com’,
in order to prevent the illicit trafficking of goods on the
Internet (DGDDI 2012a) (Point 2 in Table 5, p. 50).
• A study conducted by DGDDI of the French Budget
Ministry estimated the share of illicit tobacco at 5% of
the French market. This share would consist of legal
campaigns against the ITTP.
purchases through the network of French retailers
(80%), cross-border purchases in neighbouring
countries (15%) and tobacco purchases through illicit
• There is no evidence of nationwide public opinion
channels (5%) (Ministre du Budget, des Comptes
campaigns on the dangers and risks associated with
Publics, et de la Réforme de l’Etat 2011). In 2015,
the consumption of illicit tobacco. Nevertheless, in
OFDT and INHESJ estimate that 77% of tobacco
2010, the tobacco manufacturer British American
sales occur within the French network of tobacconists,
Tobacco launched an anti-smuggling campaign
while 17% outside this network in neighbouring
through the exposure of posters at tobacco points of
countries (and 1% in non-neighbouring countries)
sale in the city of Lille, Northern France (La Voix du
and 5% through illegal channels (Lermenier-Jeannet
Nord 2010).
2015) (Point 5 in Table 5, p. 50).
FRANCE
• There are no nationwide public awareness
British American Tobacco France. The aim of the
Tobacco France (DGDDI 2007b).
51
90%
Enforcement
80%
70%
60%
50%
Table 6. Seizures of smuggled tobacco (tonnes), 2002–2014
Source: Transcrime calculations on DGDDI (2015a) data
40%
30%
Year
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
20%
Tobacco
173
219
185
206
240
203
250
264
347
462
371
430
423
10%
0%
04
05
06
07
08
09
10
11
12
13
14
15
•• Seizures of smuggled tobacco have significantly
increased in the past decade (Table 6 and Figure 15).
• In January 2013, France signed the Protocol to
Eliminate the Illicit Trade in Tobacco Products and
ratified it in November 2015 (WHO FCTC 2013).
• Tobacco seizures increased until 2011 when they
reached 462 tonnes. In 2012, they decreased to 371
• The French government cooperates with European
tonnes, but they increased again in the last two years
institutions (Interpol, Europol and Schengen) in
(+14.0%) (DGDDI 2015a).
tackling illicit flows of goods within the European
Union. This demonstrates France’s determination to
limit the unintended consequences of cross-border
Figure
15.15
Seizures of tobacco (tonnes), 2002–2014
figure
flows of goods.
Source: Transcrime calculations on DGDDI (2015a) data
500
450
In conclusion, France has an effective law
400
52
enforcement system, a medium-low number of
350
police personnel, a medium rate of judges and a
300
large prison population. Specific actions against
250
the ITTP are enforced, and innovative approaches,
200
such as the Cyberdouane, are taken in order to
150
limit the flows of illicit tobacco through Internet sale
100
channels. European cooperation, together with
border customs collaboration, is enacted to improve
50
0
02
03
04
05
06
07
08
09
10
11
12
13
14
•• France is active at the international law level
promoting actions on tobacco control and on the
ITTP.
• Since 27 February 2005, France has been a member
of the WHO Framework Convention on Tobacco
Control (FCTC). According to Article 15.1 of the
Convention, ‘parties recognize that elimination
figure 19
of all forms of illicit trade and development and
implementation of related national law are essential
components of tobacco control’, thus France ‘shall
30%
promote and strengthen public awareness of tobacco
control issues, using all available communication
25%
tools’ (WHO 2003). Every two years, the French
government reports to the Conference of the Parties
20%
on progress in implementing the FCTC.
15%
10%
5%
0%
06
07
08
09
10
11
12
13
14
15
the fight against the cross-border exportation and
importation of goods.
53
FRANCE
The four components
54
THE DEMAND
55
•• Low price is the main driver of the demand for
• Cigarettes prices have increased during the past
decade (from €3.20 in 2000 to €7.00 in 2015 for the
France cost €2 less than legal cigarettes (Vidalie
most sold brand) and this has boosted the demand
2015).
for cheaper tobacco. This trend is evidenced, in
particular, by the increase in cross-border purchases
• The demand for illicit tobacco is mainly due to its
both at the Belgium-Luxembourg and the Spanish-
affordability, particularly compared with legal products
Andorran borders. However, according to a study by
sold in retailers. The lower the affordability of legal
the French Customs, only a small proportion of cross-
tobacco (expressed in price relative to income – %
border purchases are illicit (15% of all cross-border
of per capita GDP to buy 100 packs), the higher the
purchases). In fact, fraudulent travellers may import
incentives to trade down to illicit products.
a quantity of tobacco exceeding the amount allowed
by the law (see box Reasons why people buy illicit
• The average price of a pack of illicit cigarettes in
France is €5, which is €2 cheaper than in special
average (Vidalie 2015).
• Contraband cigarettes cartons are bought from
containers at main ports, sold to intermediaries for
around €30 per carton and then re-sold on the streets
at an average price of €50 (Tellier 2015).
FRANCE
tobacconists, where 20 cigarettes cost around €7 on
tobacco, p. 56) (DGDDI 2011b).
illicit tobacco. On average, illicit cigarettes in
The four components
REASONS WHY PEOPLE BUY ILLICIT TOBACCO
A specialist tobacconist in Toulouse: ‘Customers who buy smuggled cigarettes can’t afford to buy cigarettes
from tobacco specialists. When smugglers aren’t on the streets, their customers come to us and buy packs of
cigarettes. Nevertheless, when they buy contraband cigarettes, they usually buy a whole carton instead of a single
pack’ (Cardet 2012).
A female purchaser in Paris: ‘They’re convenient because you buy several cartons at once, so you have them in
the cupboard. For some people this may mean that they smoke more, but for me, I smoke the same amount, so
it’s good that I have them there’ (Mery 2009, p.33).
A male purchaser in Paris: ‘Sometimes you smoke these counterfeit cigarettes, or contraband ones, other times
you buy from the tobacconist. It depends what you have, what is there, and of course the normal ones are kinder
to your throat, you don’t cough so much’ (Mery 2009, p. 33).
A female purchaser of illicit whites: ‘I was walking along the street where they’re sold. I’d never heard of the brand:
the eagle, the pack, I didn’t know where they came from. But at that price…I bought a pack to try them’ (Hillairet
and Mazoyer 2012, p. 20).
A male purchaser of illicit whites: ‘A colleague told me about American Legend. It was the brand that he was
smoking because he lives close to the street where they’re sold. He persuaded me try them, because I wasn’t really
confident about them. Now, he buys them for me and the rest of the team’ (Hillairet and Mazoyer 2012, p. 19).
56
•• There is no apparent connection between the
consumption of illicit tobacco and drug use.
• Cross-border shoppers are significantly more
numerous in North-Eastern and South-Western
France. At the departmental level, they concentrate
• Despite the habit among drug users of procuring illicit
particularly in border areas (39% versus 12% in non-
goods, the purchasing behaviour of tobacco smokers
border departments). Smokers with average incomes,
attending drug rehabilitation centres in Paris showed
between €900 and €1500 per month, are twice as
a prevalence of purchases at specialist tobacconists
likely to resort to cross-border shopping than low-
(81.4%). A small minority (14.0%) bought tobacco
income smokers, whereas smokers with high incomes
products on the streets (Lermienier 2011).
occupy an intermediate position (Ben Lakhdar,
Lermienier, and Vaillant 2011).
•• The illicit tobacco consumer in France
is predominately male and belongs to all
occupational categories.
• The average consumer has no particular occupation
• There is no significant relationship between daily
tobacco consumption and cross-border shopping, but
in 2010 18% of regular smokers5 had bought their
last pack of cigarettes in a neighbouring country,
and is generally a man. Although there appears to
compared with 13% of smokers with little or no
be no correlation between deprived social conditions
addiction. In fact, addicted smokers often use cross-
and the consumption of illicit tobacco, street
border shopping and the parallel market, and they
smuggling is mainly concentrated in disadvantaged
more often buy abroad and in larger quantities than
neighbourhoods (Lalam et al. 2012).
smokers with little or no addiction (Ben Lakhdar,
Lermienier, and Vaillant 2011).
•• The demand for cheaper tobacco and the
incidence of cross-border purchases are higher
in border regions and among average income
groups.
5. In this investigation, conducted by BVA in 2010, tobacco
dependence was calculated using a simplified version of the
Fagerström test designed around two questions on the daily
consumption of cigarettes and the delay between awakening and
the first cigarette smoked.
•• The demand for illicit tobacco is higher in specific
neighbourhoods of metropolitan areas.
• Consumers often use personal networks and
acquaintances to buy illicit tobacco. In this regard, a
consumer survey in Paris and Marseille highlighted
• In Marseille, in the Place Noailles neighbourhood, the
a difference between the two cities. Whilst Parisians
illicit trade in tobacco products is a well-established
over-report their tendency to purchase via personal
practice (Lalam et al. 2012). In the 2011-2015 EPSs,
networks, in Marseille the need to rely on personal
Marseille recorded the highest percentage of illicit
networks is limited. This may be due to a greater
whites among French cities (from 52.7% of the non-
availability of illicit tobacco (Mery 2009).
domestic products found in Marseille in 2011 to 21.3%
in 2015).6
• On-street selling in Paris is concentrated in popular
neighbourhoods such as the Goutte d’Or or Barbès,
close to the Paris railway stations (Lalam et al. 2012).
Lorraine, Bourgogne and Alsace are crossing points for
criminal organisations conveying millions of packs of
cigarettes to Paris and to European countries with higher
prices for tobacco products (L’Est Républicain 2012).
• In Lyon, Rhône-Alpes region, evidence of the street
trafficking of tobacco has been found in Place Gabriel
Péri, commonly known as Place du Pont (L’Union 2013).
• There is evidence of illicit tobacco trafficking in
Toulouse, the fourth-largest metropolitan area in
France after Paris, Lyon and Marseille. Square
Toulouse version of Paris ‘Barbès’ (Cardet 2012).
•• Another important element contributing to the
demand is the availability of illicit tobacco.
• Illicit tobacco is not difficult to find. Illicit products are
sometimes available on the streets from black-market
suppliers. The most frequent retail channels are street
sellers, 24/7 grocery stores and, in some cases, private
apartments (see box Supply and demand: the case of a
French student) (Le Monde du Tabac 2012f).
(Languedoc-Roussillon region) who used to buy
illicit cigarettes in Berriac every month on the same
day of the week before her illicit suppliers were
arrested in June 2012. She paid between €3.5 and
€4.0 for either a pack of Gauloises Blondes, Pall
Mall, Camel or Marlboro. The illicit ‘tobacconists’
had set up their small business in an apartment
kitchen and sold cigarettes and HRT of any brand.
Notwithstanding a good and prompt supply service,
in some cases Christine was told by the illicit
sellers that if petrol prices went up in neighbouring
countries, tobacco delivery by truck was not
guaranteed. In June 2012, Investigation Clop11 led
to the dismantling of this organisation.
The head of the organisation was a young Serbian
woman controlling a supply chain of transporters
and retailers. The frequency of tobacco transport
was once or twice a day, and the source country
was Andorra. DGDDI officials estimated the
organisation’s profit at around €300,000 in three
months. Eight cars were seized together with
€40,000 in cash and 1,000 cartons of cigarettes
(LaDépêche.fr 2012).
57
FRANCE
6. The tobacco industry regularly conducts empty pack surveys
(EPS) to estimate the number of non-domestic cigarette packs
found in the main cities of France. Use of EPS data requires
especial caution when investigating the ITTP. Firstly, the survey
focuses on cigarettes and excludes HRT. Secondly, it analyses
packs and excludes single butts. EPSs identify non-domestic
products, which include legitimately purchased cigarettes (e.g.,
cross-border purchases). Furthermore, EPSs do not identify
domestic contraband cigarettes. This may lead to underestimation
of the real size of the illicit tobacco market. Notwithstanding these
limitations, EPSs may provide data useful for analysing the illicit
cigarettes market. Indeed, they provide estimates at the city level,
which are hardly available from other sources.
Christine is a student from Carcassonne
Arnaud Bernard is named ‘Le Barbès Toulousain’, the
SUPPLY AND DEMAND: THE CASE
OF A FRENCH STUDENT
The four components
THE SUPPLY
58
•• The supply of illicit tobacco is due to its
• According to the literature on tobacco smuggling,
profitability deriving from the evasion of the high
most types of illicit trade in tobacco can be run
taxation on tobacco products.
by individuals without their having to belong to a
structured and continuative organised group (Hobbs
• The tax level expressed in monetary terms (total
2013).
taxes per 1,000 cigarettes) may provide incentives
for suppliers of illicit tobacco at the international level.
• The street selling of illicit tobacco, referred to as
This is most relevant to large smuggling (counterfeits
‘hidden tobacco retail’ (vente à la sauvette), is
and illicit whites). The higher the taxes, the greater the
fragmented and without a single leadership. In fact,
profit potential for smugglers.
street sellers exhibit a certain degree of independence
from each other (Lalam et al. 2012).
• The tax incidence (tax as a percentage of the final
retail price) provides incentives for the suppliers
• According to DGDDI and National Gendarmerie, illicit
of illicit tobacco at the national level. This is most
tobacco trafficking is managed by well-organised
relevant to the illicit manufacturing and wholesale/
groups, especially Serbian groups. These groups
retail distribution of illicit tobacco products within
control the illegal importation of tobacco into France,
national borders.
its storage in clandestine places/apartments and
the final distribution to on-street sellers (see box
•• The suppliers of illicit tobacco in France range
from private individuals and street sellers to
organised groups.
Examples of organised groups involved in the ITTP,
p. 59) (DGDDI 2010; National Gendarmerie 2015).
EXAMPLES OF ORGANISED
GROUPS INVOLVED IN THE ITTP
• The organised criminal group used both a cyber
cafe and a grocery to cover its illicit sales of
tobacco. Between 50 and 80 packs of cigarettes
were sold every day, with prices ranging from
€4.5 to €5.0 per pack. Tobacco was stored in
an apartment in Nîmes (Languedoc-Roussillon
region) and was discovered by the Police in
December 2012, together with €40,000 in cash
and two weapons. The tobacco seized originated
from Spain and from Eastern Europe (Le Monde
du Tabac 2012i).
• Organised groups purchase cigarettes in Andorra,
• The recent use of techniques commonly employed by
drug traffickers suggests that tobacco smugglers may
be involved in other criminal activities for which they
use their expertise in tobacco smuggling. The ‘Go
fast’ technique is used by traffickers to avoid police
controls when transporting illicit tobacco to distribution
destinations. In this technique, a group of cars lures
police controls by forcing police checkpoints at high
speed, while another car takes the tobacco to its final
destination (Le Monde du Tabac 2012g).
• The Andorran-French connection in tobacco
smuggling involves criminal organisations. It appears
that Georgian and Chechen criminal groups are
involved in tobacco smuggling along this route (Le
Monde du Tabac 2012g).
store them in Spain, and then transport them
into France on commercial trucks. At the French-
• Local crime networks in Marseille engage in several
Andorran border, illicit circuits are well structured
types of crime: prostitution, gambling, money
(Lalam et al. 2012).
counterfeiting, kidnapping for ransom, and cross-
• Nine traffickers of Moroccan, Algerian, Georgian
and French nationality were arrested following
the seizure of 250 kilos of tobacco in April
2011. A thorough investigation dismantled the
criminal network, which purchased counterfeit
cigarettes from ship containers coming from
intermediaries in Aubervilliers. The latter supplied
street sellers in Paris (Le Monde du Tabac 2013a).
• In July 2014, the DGDDI arrested four people
during the seizure of 10.5 tonnes of contraband
cigarettes in Vitrolles, in the Marseille region. This
is one of the largest catches of cigarettes made
in recent years in this region (DGDDI Office of
Information and Communication 2014).
(Alvarez 2003).
•• Illicit tobacco is sold through various channels:
street sellers, grocery stores, private apartments,
markets and the Internet.
• French press releases and law enforcement
documents show that Internet cafés, 24/7 grocery
stores, and international call shops may be used for
illicit tobacco trafficking (Le Monde du Tabac 2012f).
Nevertheless, DGDDI considers French tobacco
retailers to be reliable, with a maximum of five cases
of proven fraudulent retailers per year (Binetruy,
Dumont, and Lazaro 2011, 70).
• Internet sales of tobacco products are an emerging
trend. They accounted for nearly 10% of total tobacco
seizures in 2012 (Direction générale des douanes et
droits indirects 2011a).
organised crime groups engaged in illicit tobacco
trafficking are also engaged in other criminal
activities.
• Sellers of illicit tobacco may also commercialise other
types of goods. For instance, Polish tobacco street
sellers in Paris distribute alcoholic beverages, such
as vodka and beer, in addition to discounted Polish
cigarettes (Le Monde du Tabac 2012h).
FRANCE
•• According to law enforcement agencies,
59
China in Antwerp (Belgium) and re-sold them to
border smuggling of drugs, cigarettes and other goods
The four components
•• At the retail level, the illicit tobacco market
consists mainly of small sellers, who vary by sex
and ethnicity.
• It is not possible to identify specific ethnic groups
involved in the ITTP supply chain. There is no
single tobacco smuggler profile. Indeed, diverse
nationalities—Polish, Chinese, Georgian, and North
African—are mentioned in reports on law enforcement
investigations.
• However, in some instances, recent immigrants from
Maghreb engage in tobacco smuggling. They do not
have legal documents and do not speak fluent French.
Street selling generally leads to relatively modest
tobacco seizures by law enforcement officers (Lalam
et al. 2012).
• Women may be involved in tobacco smuggling as well
as men, and according to the ‘Clop 11’ investigation
of June 2012, women may also occupy leadership
positions (LaDépêche.fr 2012).
60
•• Retail practices may be influenced by enforcement
countermeasures.
• According to Article 1825 of Code général des impôts
(CGI), shops selling tobacco products evading tax
may be sanctioned with administrative closure for
up to eight days. In December 2012, discussed
and approved by the French Senate was a 2012
Supplementary Budget Bill (Projet de loi de finances
rectificative pour 2012) that proposed a longer closure
time of three months (Sénat 2012; Vie Publique- Au
coeur du débat publique 2012).
• In Marseille, owing to the higher level of street crime
and a greater police presence, transactions are rapid
and lack the social dimension of transactions in Paris.
Whereas in Paris people often purchase regularly
from the same sellers and develop relationships with
them, in Marseille consumers tend to vary sellers,
owing to greater availability, and they conduct
briefer transactions, restricting the opportunity for
relationships to develop (Mery 2009).
THE PRODUCTS
61
•• In 2011, DGDDI provided an official estimate
• Euromonitor International estimates the volume of illicit
cigarettes as a share of the total cigarette market.7
various estimates have been produced by private
The ITTP grew between 2001 and 2014, rising from
agencies and scholars.
2.7% in 2001 to 17.0% in 2014. The growth rate for
the period 2006–2014 shows an increase of around
• DGDDI estimates that one among five cigarettes in
France is purchased outside the legal network of
54.5%. Forecasting data for 2015 shows that the ITTP
reaches 22.7% (Euromonitor International 2015a).
French retailers, either in foreign countries or through
illicit channels (DGDDI 2011b).
• KPMG estimates that around 15% of the cigarettes
consumed in France in 2014 were either counterfeit
• The lack of yearly estimates of the illicit tobacco
market in France makes it difficult to assess the extent
or contraband. The amount increased by 3 p.p. since
2006, when it was around 12% (KPMG 2015).8
and the evolution of the ITTP. Nevertheless there
are a few unofficial estimates available (Table 7 and
FRANCE
Figure 16, p. 62).
of the size of the ITTP in France. Furthermore,
7. Euromonitor sources for estimating the illicit trade include the
trade press, customs offices, interviews with manufacturers and
retailers, as well as local knowledge of the market; for example
how porous borders are, how high unit prices are, whether a
market is a conduit for cigarettes versus actual consumption.
8. KPMG analyses many different sources, including tobacco
sales data, consumer surveys and EPSs.
1.2
1.0
The four components
0.8
0.6
0.4
Table 7. Estimates of the size of the French illicit cigarette market. Percentage
0.2 of the total market, 2006–2014
Source: Transcrime elaboration on Euromonitor international (2015a) and KPMG (2015) data
0.0
00
01
02
03
04
05
06
07
08
09
10
11
12
Source
2006
2007
2008
2009
2010
2011
2012
2013
2014
11.0
11.6
12.3
12.4
12.8
13.3
14.2
15.7
17.0
KPMG
11.9
14.6
16.7
13.8
13.7
15.8
15.7
15.4
14.7
Euromonitor estimates refer to the cigarette market only.
• In 2007, a study estimated the size of smuggling
and cross-border purchases. It used three different
approaches: firstly, it made a simulation on cigarette
sales in France to simulate what cigarette sales would
have been if cross-border purchases or other forms
Source: Transcrime elaboration on Euromonitor International (2015a) and KPMG (2015b) data
18.0
of tobacco smuggling had not taken place; secondly,
16.0
it made a comparison between cigarette sales in
14.0
France and the reported cigarette consumption by
12.0
French citizens; thirdly, it relied on the collection
10.0
of empty cigarette packs from a waste collection
centre to assess the non-domestic cigarettes share
62
Figure 16. Estimates of the size of the French illicit cigarette market.
Percentage
figure
16 of the total market, 2006–2014
8.0
among all discarded packs. Notwithstanding the
6.0
difficulty of quantifying smuggling and cross-border
4.0
purchases, the study confirmed the existence of a
2.0
disparity between tobacco sales in bordering regions
0.0
06
and central regions, and between total sales and
07
reported consumption. According to the first approach,
08
09
10
11
12
13
14
KPMG
smuggling and cross-border purchases were between
14%–17% of total annual cigarette sales (2004–2006).
According to the second approach, they corresponded
to approximately 20% of legal sales. According to the
third approach, 18.6% of the packs collected were of
foreign origin (Lakhdar 2008).
• A study on the ITTP conducted in 2012 on 18
countries in Europe, estimated that 2.1% of the
French tobacco market is illicit. Nevertheless, the
study may have possible limitations as it relies on selfreported data provided by approximately 300 smokers
(Joossens et al. 2012).
Contraband & others9
•• The structure of the illicit tobacco market in
France shows a prevalence of contraband &
figure
20
others in 2015, according to Transcrime estimates
(Figure 17, p. 63).10
100%
90%
•
The illicit tobacco market in France consists mainly
80%
of contraband & others. In 2015, they accounted for
70%
86.5% of the illicit cigarettes market.
60%
•
50%
In 2015, these products have the highest
40%
concentration in Alsace (97.2% of the illicit market),
30%
Lorraine (96.5%) and Haute-Normandie (95.0%).
20%
The first two border with Belgium, Germany and
10%
Luxembourg, where cigarettes are cheaper compared
0%
to France.
2009
2010
2011
2012
2013
2014
9. Contraband
& Free
others include
Duty
Spain contraband,
Algeria bootlegged
Belgium and
illegally manufactured cigarettes.
Luxembourg
Romania
Other
10. For the methodology, see the Methodological Annex of the
European Outlook (Transcrime 2015b).
Figure 17. Products share in French regions, 2015
Source: Transcrime estimates
Products share
(2015)
63
• In 2015, contraband & others arrived mainly from
• Compared with Euromonitor and KPMG estimates, the
DGDDI study estimated a lower penetration of illicit
(12.5%) and Spain (11.0%). Algeria has strong
tobacco into the French tobacco market. The share
connection with France and has a low cigarettes price
of the ITTP in total tobacco consumption consisted of
(€0.7 for the cheapest brand in 2015). Belgium and
illicit cross-border purchases (2.43%); Internet sales
Spain border with France and have a lower cigarettes
(0.1%), street selling (1%), personal networks (0.8%)
price (in 2015 €4.9 and €4.0, respectively, for the
and illicit retailers (0.87%) (DGDDI 2011b). Although
cheapest brand, compared with €6.3 in France).
DGDDI’s study adopted a detailed methodology for
assessment of illegal cross-border purchases, it
• In 2011, DGDDI conducted a study on illicit tobacco in
relied on a consumer survey. This method is likely
France, with the focus on cross-border purchases from
to underestimate the importance of illicit distribution
Belgium, Luxembourg and Spain. According to this study,
channels.11
FRANCE
Algeria (26.3% of contraband & others), Belgium
Counterfeits
Illicit whites
Other illicit cigarettes
Non-estimated areas
illegal sales of tobacco accounted for nearly 5% of the
tobacco market (between 4.5% and 5.9%). Legal crossborder purchases represented 15% of the market, while
the French network of tobacco retailers accounted for
the bulk of sales, 80% of the market (Ministre du Budget,
des Comptes Publics, et de la Réforme de l’Etat 2011).
11. The BVA survey was conducted between February and April 2011 to
investigate purchasing behaviours by tobacco smokers in central French
regions and in regions close to the borders with Belgium, Luxembourg,
Spain and Andorra.
1.0
4.0
0.8
The four components
0.6
3.0
2.0
0.4
1.0
0.2
0.0
0.0
00
01
Illicit
whites
02 03 04 05 06
07
08
09
10
11
12
• The average price
of a carton of American
Legend
is between €40 and €50, cheaper than the price of
Opioids
Cannabis
2015; Vidalie 2015). The price can be bargained from
of illicit product (Figure 18).12
one place to another and from one seller to another.
According to a consumer survey conducted in 2009,
• The incidence of illicit whites products passed from
this gave respondents a perception of extra freedom
22.1% in 2009 to 12.2% in 2015. According to KPMG
(Hillairet and Mazoyer 2012).
estimates, the inflows of illicit whites in France
figure 16
Cocaine
a carton of other brands of legal cigarettes (Tellier
•• Illicit whites are the second most important type
decreased by 54% between 2009 and 2014 (KPMG
figure
18whites incidence in France, 2006–2015
Figure
18. Illicit
2015).
fi
• Provence-Alpes-Côte d’Azur (26.4%) and Rhône-
18.0
Alpes (16.0%) register the highest share in 2015.
30%
25%
16.0
14.0
• The port of Marseille, a crucial junction for illicit
12.0
cigarettes arriving from Algeria, is located in
10.0
Provence-Alpes-Côte d’Azur. Rhône-Alpes borders
with Provence-Alpes-Côte d’Azur and with Italy and
8.0
Switzerland.
6.0
20%
15%
15%
10%
10%
4.0
• In 2015, illicit whites arriving in France mainly
originate from Greece (73.3% of the illicit whites),
2.0
0.0
64
25%
20%
06
Spain (7.3%) and Luxembourg (7.2%).
07
08
09
10
11
12
13
14
Euromonitor of
International
KPMGis no official estimate
•• There
the consumption of
5%
5%
0%
0%
06
07
08
09
10
11
12
13
14
15
illicit whites among the French population (Lalam
et al. 2012). Nevertheless, American Legend is the
illicit white brand most frequently sold in France.
figure 20
• In 2014, illicit white volumes increased to 37.4% of
total EU counterfeit and contraband flows, exceeding
21 bn cigarettes. General flows of American Legend
in France represent 1.8 bn cigarettes. This was 8.5%
•• American Legend incidence is higher in the city of
Marseille.
• According to EPSs, the incidence of American Legend
figure 21
in Marseille is the highest among all French cities.
Indeed, 38.0% of all the American Legend cigarettes
60%
in 2015 were found in Marseille, in the ProvenceAlpes-Côte D’Azur 5.4%
region. The prevalence was the
3.2%
highest 3.2%
in 2011, with 74.5% of all American Legend
cigarettes found in that city.
34.4%
9.7%
50%
•• The market penetration of illicit whites may create
100%
of the total European illicit white volume. American
90%
Legend declined by 450 mn cigarettes in 2009 to 240
80%
mn in 2014 (KPMG 2015).
70%
demand among consumers and favour the future
40%
penetration of illicit white brands into the legal
30%
market (Lalam et al. 2012, 10).
11.8%
20%
10%
0%
• Testimonies from tobacco retailers in Southern
2009
2010
2011
2012
2013
2014
12. Illicit whites are cigarettes produced by manufacturers that do
not
supply
legal market
in a given country (Allen
Dutynormally
Free
Spain to the
Algeria
Belgium
2011; Joossens and Raw 2012).
Luxembourg
Romania
Other
France show that in some cases tobacco smokers
ask tobacconists for packs of American Legend in the
belief that they are legal
products (Husson 2012).
32.3%
Car
Truck
Postal Service
Container & Ships
Airplain
Other
Van
70%
60%
50%
40%
30%
Table
8. Seizures of HRT and waterpipe tobacco (tonnes), 2010–2014
20%
Source: Transcrime calculations on DGDDI (2015b) data
10%
2010
Year
0%
ome
04
HRT
05
06
07
08
09
10
11
12
13
14.6
14
15
2011
2012
2013
2014
19.5
60.1
39.1
36.8
Waterpipe tobacco
28.3
33.4
38.8
59.6
75.0
Tobacco
347.4
462.1
371.2
430.0
422.7
HRT share (%)
4.2%
4.2%
16.2%
9.1%
8.7%
Waterpipe tobacco share (%)
Tobacco (HRT + Cigarettes)
59.6%
57.6%
36.0%
40.0%
62.8%
figure 15
Counterfeit
cigarettes
Illicit Tobacco
• Counterfeits
have decreased in recent years. They
500
••HRT and waterpipe tobacco are emerging issues
strongly
450 decreased from 2008 when they were 16.5%
for French Customs.
of the
illegal market to 2015 when they reached 1.3%
400
(Figure 19).
• Since 2005, DGDDI has highlighted the emergence
350
of illicit HRT as a new concern for French Customs.
300
• The regions with the highest concentration of
Indeed, prior to that year, cigarettes were almost the
250
counterfeits are located in Auvergne (4.5% of the illicit
only smuggled tobacco product seized in France
market), Lower Normandy (4.4%) and Limousin (3.5%).
(DGDDI 2007a).
200
150
100
• Consumers of counterfeit cigarettes are not certain of
• DGDDI reports the total amount of illicit tobacco
50
the origin of the products. Smokers in Marseilles think
0
Paris believe that they come from Eastern Europe or
13
14
available data on the share of illicit HRT in total
tobacco seized (DGDDI 2015b) (Table 8).
Asia (Mery 2009).
s
• According to a study conducted by INHESJ and
• In April 2013, 7.84 million counterfeit cigarettes were
OFDT in 2011, the amount of HRT bought outside the
burnt at the incineration plant in Bellegarde-sur-
French network of tobacconists is significant. Indeed,
Valserine, in Haute Savoie region. The counterfeit
on comparing the consumption of HRT by French
cigarettes, bearing Marlboro trademark, were seized
people with the volume of sales in 2010, it appears
by the DGDDI in Chamonix in August 2012 (Le Monde
that almost twice the amount of HRT consumed in
du Tabac 2013b).
France is bought outside the official network of French
figure 19
tobacco retailers. Indeed, 49% of the total estimated
Figure 19. Counterfeit incidence, 2006–2015
consumption of 14,974 tonnes in 2010 may have
derived either from cross-border duty-free purchases
30%
or from illicit channels (Internet, contraband or street
whether this HRT is purchased illicitly or purchased
25%
legally in neighbouring countries (Lalam et al. 2012).
20%
• Applying the same proportion of illegal cross-border
15%
purchases of cigarettes (15% according to DGDDI),
the amount of illicit HRT would be around 5,000
10%
tonnes, almost 34% of total HRT consumption (Lalam
et al. 2012, 22).
5%
0%
15
06
07
08
09
10
11
12
13
14
15
FRANCE
selling). Nevertheless, it is difficult to determine
65
that the products
North
while
in
02
03 are
04 from
05
06
07 Africa,
08
09
10 those
11
12
Report 2015
seized per year. In the last years, it also specifies
Opioids
Cocaine
Cannabis
The four components
• In France, there have been also cases of illicit
• Other source countries for French illicit cigarettes
importation of waterpipe tobacco mainly directed to
are Eastern European countries (Poland, Romania,
waterpipe bars in the Paris region (Négroni 2012).
Russia and Ukraine), Maghreb countries (Morocco
This signalling that the ITTP also supplies specific
and Tunisia) and the UAE (Transcrime 2015a).
figure 16
figure 18
products from foreign countries. Indeed, the seizures
of these
18.0
products increased by 165% between 2010
and 2014 (DGDDI 2015b).
16.0
• French press releases identify other source countries
25%
for illicit tobacco, such as: Andorra, China, Singapore
and South-East Asia (see box ITTP in France and
14.0
Price and origin of illegal tobacco
12.0
products
20%
source countries).
10.0
••
15%
8.0
The
illegal market offers tobacco products at
low prices that make them particularly attractive
6.0
to
4.0
consumers. Indeed, the cost of contraband
cigarettes is €2 less than that of original ones.
2.0
0.0
• According
to
investigations
06
07 media
08 releases
09
10on police
11
12
13
14
and consumer testimonies, the price of a pack of illicit
KPMG
cigarettes is €5.0 on average.
ITTP IN10%FRANCE AND SOURCE
COUNTRIES
5%
• A network of cigarette dealers was dismantled
in the nineteenth arrondissement of Paris.
0%
Counterfeited cigarettes
shipped
06
07 were
08 being
09
10
11 from
12
13
14
China and sold on the streets by members of the
Paris Chinese community (Le Monde du Tabac
2012a).
•• There are several countries of origin for
• Discovered among the thousands of containers
contraband cigarettes in France (Figure 20).
unloaded in Le Havre were 800 boxes containing
66
figure
Figure
20. 20
Contraband cigarettes by country of origin, 2009–2014
Source: Transcrime calculations on KPMG (2015) data
packs of different brands: ‘Mac’, ‘Premier Gold’
and ‘Palace’. The container came from Singapore
100%
(DGDDI 2012b).
5.4%
3.2%operation conducted
• In May 2012, an international
3.2% with Spanish Customs
by DGDDI in collaboration
90%
80%
70%
led to the seizure of more than 12 tonnes of
9.7%
cigarettes aboard a yacht from Morocco. Four
60%
50%
34.4%
Lithuanians were arrested (DGDDI 2012c).
40%
• In October 2015, customs officers seized 14 mn
30%
cigarettes in
Le Havre. The cigarettes were illicit
11.8%
20%
whites, branded Jin Ling. They were hidden in
10%
0%
contraband cigarettes,
the21
equivalent of 400,000
figure
two containers, originating from Malaysia and
2009
2010
2011
2012
Duty Free
Spain
Algeria
Luxembourg
Romania
2013
2014
Belgium
loaded on a ship in Singapore (Le Monde du Tabac
2015b).
32.3%
Other
Car
• KPMG data show the increasing importance of Algeria
and Belgium as source countries for contraband
cigarettes and the stable involvement of Spain and
Luxembourg (KPMG 2015).
Truck
Postal Service
Container & Ships
Airplain
Other
Van
15
67
FRANCE
1.0
4.0
0.8
3.0
The four components
0.6
2.0
0.4
1.0
0.2
0.0
0.0
00
01
02
03
04
05
06
07
08
09
10
11
12
Opioids
figure 16
Cocaine
Cannabis
figure 18
18.0
fi
30%
25%
16.0
14.0
25%
20%
12.0
20%
10.0
15%
15%
8.0
10%
MODUS OPERANDI AND
GEOGRAPHICAL DISTRIBUTION
6.0
4.0
5%
2.0
0.0
68
06
07
08
09
10
11
12
13
14
KPMG
The modus operandi
trade varies according to the type of
trade, the destination, the availability of
figure 20
09
10
11
12
13
and ships were a used mean of transport (11.8%)
(Transcrime 2015a) (Figure 21).
figure 21
3.2%
3.2%
5.4%
34.4%
9.7%
(DGDDI 2014; 2015a).
• The largest seizures often occur during the
dismantlement of major international criminal
10%
11.8%
organisations, especially when the target is seaborne
2009
freight.
majority2013
of seizures
2010 In 2010,
2011 the2012
2014(86%)
occurred on trucks (50%) and containers (36%)
Duty Free
Spain
Algeria
Belgium
(DGDDI 2011c). Indeed, criminal groups smuggle
Luxembourg
Romania
15
32.3% of the seizures, respectively). Also containers
with online purchases represented 4.2% of seizures
40%
14
Figure 21. Cigarettes seizures per transportation means, 2006-2013
purchases (+6.3%). In 2014, seizures connected
50%
08
• Transcrime estimates that in 2006–2013 cigarettes
seizures, with an increase in seizures related to online
60%
0%
07
land-based seizures represented 49% of the total
70%
30%
0%
06
• Data on seizures made by DGDDI show that in 2013
80%
20%
0%
transport connections and the need to evade
countermeasures.
90%
5%
were mainly smuggled via cars and trucks (34.4% and
•• The modus operandi of the illicit tobacco
100%
10%
32.3%
Other
cigarettes mainly via sea and street routes (GEOS
Business Intelligence 2015).
Car
Truck
Postal Service
Container & Ships
Airplain
Other
Van
Figure 22. Retail selling price differences in Europe in October 2015
Source: Transcrime calculations on PMI (2015) data
Low [€0.88 - €2.0]
Medium-low (€2.0 - €3.3]
Medium (€3.3 - €5.0]
Medium-high (€5.0 - €7.0]
High (€7.0 - €12.9]
FI
6.3
NO
1 2.9
SE
6.8
RU
1 .4
EE
3.6
LV
3.4
LT
3.1
DK
5.9
IE
1 0.5
UK
1 1 .8
PL
3.6
NL
6.2
BE
5.8
GG
JE
DE
5.6
LU
5.1
CZ
3.5
UA
0.9
SK
3.5
AT
4.9
LI
CH
7
FR
7
MD
0.9
HU
3.6
RO
3.4
SI HR
3.9 3.4
BA
2.6
SM
MC
IT
5.2
VA
AD
3.8
PT
4.7
BY
1 .1
RS
2.5
ME KO
3.2 2.4
BG
2.7
MK
AL 2.2
2.6
EL
4
ES
4.9
69
DZ
1 .7
TN
2.7
• In 2009, 63% of tobacco seizures were made in
MT
5.3
EG
• KPMG shows an increasing percentage of contraband
Northern France, at Dunkirk, Le Havre, Bretagne and
& counterfeit cigarettes in France, from 13.8% in
close to Paris, in the Roissy region (DGDDI 2010).
2010 to 14.7% in 2014 (KPMG 2015). Cross-border
purchases, i.e., buying less expensive cigarettes
• Street connections are often used by traffickers to
beyond the French border and bringing them into
France, has an impact on data on non-domestic
products seized in 2009 (25% of seizures). Smuggling
cigarettes. In 2015, according to EPSs, the highest
through maritime and air connections account
non-domestic incidence was found at the borders
respectively for 50.8 tonnes (19.2% of seizures) and
with Belgium (e.g., the city of Wattrelos, 54.9%),
38.6 tonnes (14% of seizures) of tobacco confiscated
Luxembourg (e.g., Thionville-38.3%) and Spain (e.g.,
in 2009 (DGDDI 2010).
Perpignan-52.0%) where cross-border shopping is at
its highest peaks (Figure 23, p. 70).
•• Cross-border purchasers of tobacco may exceed
the amount allowed by the law.
FRANCE
transport illicit tobacco: 65.8 tonnes of illicit tobacco
CY
4.7
GI
MA
3.1
TR
3.1
The four components
figure 21
figure 23
• The price of cigarettes is higher in France than
in neighbouring countries. This encourages cross-
9.7%
border purchases of tobacco products (Figure 22,
5.4%
p. 3.2%
69 and Figure 23).
3.2%
34.4%
• Notwithstanding the legal limits on the importation of
11.8%
50%
45%
40%
35%
to assess the exact amount of illegal cross-border
30%
purchases. This is one of the main challenges for
25%
French researchers (Lalam et al. 2012, 36).
20%
market is made up of illicit cross-border purchases,
i.e., those made by people who import tobacco in
excess of the amount allowed by the law (DGDDI
32.3%
2011b). In 2015, the OFDT and INHESJ estimate that
17% of tobacco in France arrives from neighbouring
Truck
Container & Ships
Van
countries (and 1% in non-neighbouring countries)
Postal Service
Airplain
Other
(Lermenier-Jeannet 2015).
• According to EPSs, the share of products
originating from neighbouring countries increased
in the last years, passing from 30.9% of the non-
70
Source: Transcrime calculations on EPSs (2006-2015) data
tobacco from EU and non-EU countries, it is difficult
• DGDDI estimates that 14.5% of the French tobacco
Car
Figure 23. Incidence of non-domestic cigarettes purchased from
neighbouring countries, 2006–2015
domestic cigarettes in 2006 to 33.5% in 2015 (Figure
23). The share of cigarettes originating from the
Spanish-Andorran border remained stable in this
period (13.3%), while products from the BelgianLuxembourgian border increased (from 8.1% to
17.0%). In many cases, bootleggers smuggle illicit
cigarettes from neighbouring countries (GEOS
• Operation ‘Tabac Légal’, conducted in 2009 by
DGDDI in regions bordering on Andorra, Spain, Italy,
Luxembourg and Belgium, showed that the FrancoSpanish border is particularly sensitive in terms
of traffic in illicit cigarettes. This operation allowed
to Customs to seize in a single week 1.2 tons of
cigarettes and 270 kg of tobacco, of which 60%
on the Franco-Spanish border area. Nevertheless,
the Belgium-Luxembourg border is also particularly
important for individual cross-border purchases
in terms of volume. This may attract also criminal
organisations (DGDDI 2011c).
15%
10%
5%
0%
06
07
08
09
10
11
12
13
14
15
•• France is a transit country for illicit tobacco
directed to Northern Europe, especially to the UK.
• According to the DGDDI, the Eastern French region of
Lorraine is a transit region for trucks containing illicit
tobacco and headed for the UK and the Netherlands.
Illicit cigarettes enter the EU either through Greece,
or East European countries and then follow different
routes to the final consumption markets. Generally,
they transit through Italy and Germany before being
directed to Northern Europe (Le Pays 2012; GEOS
• France is a country of transit for trafficked cigarettes,
including traffic bound for the UK market. The
quantities of cigarettes seized are most important in
large cities on the coastline of the English Channel
(Le Havre in particular) and in the south of France
(Bouche-du-Rhône region and bordering region on
Spain and Andorra). Cigarettes are transported to the
UK mainly by ferry, train and trucks (DGDDI 2011c).
•• A number of important French ports are crucial
junctions for the ITTP.
Table 9. French ports, main source countries of non-domestic cigarettes, 2010–2015
Source: Transcrime calculations on EPSs data
French ports
2010
2011
2012
2013
2014
2015
Bayonne
Spain
no data
Spain
Spain
Spain
Spain
Bordeaux
Spain
Spain
Spain
Spain
Spain
Spain
Boulogne–
sur–Mer
no data
no data
Belgium
Belgium
Belgium
Belgium
Brest
Spain
Spain
Spain Duty
Free
Belgium
Spain
Canary
Islands
Caen
Spain
Duty Free
labelling
Duty Free
labelling
Belgium
Romania
Luxembourg
Calais
no data
no data
Duty Free
labelling
Belgium
Belgium
Algeria
Dunkerque
no data
no data
Belgium
Belgium
Belgium
Luxembourg
Le Havre
Czech
Republic
Duty Free
labelling
France
Belgium
France Duty
Free labelling
Belgium
Lorient
no data
no data
Duty Free
labelling
Romania
Spain
Algeria
Marseille
Greece
Greece
Greece
Algeria
Algeria
Greece
Nantes
Greece
Spain
Duty Free
labelling
Algeria
Spain
Spain
Nice
Spain
Russia
Duty Free
labelling
Algeria
Italy
Italy
Rouen
Spain
Spain
Belgium
Belgium
Belgium
Russia
Duty Free
labelling
Toulon
Spain
Duty Free
labelling
Spain
Algeria
Algeria
Spain
• The main source countries for trade exports to France
infrastructures and close to the largest markets are
are Andorra, Belgium, Luxembourg and Spain. This
likely to be used to import illicit tobacco products.
demonstrates that many illicit products come from
Indeed, seizures occur especially in large commercial
cross-purchases with bordering countries due to the
ports such as Le Havre, Marseille and Dunkirk, where
price differential. Other origin countries are Eastern
illicit tobacco is concealed among licit goods in large
European countries (Poland, Romania, Russia and
containers (see box Seizures at French main ports,
p.
Ukraine), Maghreb countries (Algeria, Morocco and
72) (Lalam et al. 2012). Other seizures take place in
Tunisia) and the UAE (Transcrime 2015a). France
the ports of Calais, Cherbourg and Dieppe on motor
is also an ending point for illicit whites produced in
vehicles embarking on ferries to Ireland and the UK
Greece (KPMG 2014) (Table 9).
(GEOS Business Intelligence 2015; Transcrime 2015a).
• According to DGDDI Director, Vincent Guivarch,
de la Seyne-Brégaillon. Nevertheless, Corsica and
Maghreb are also frequent source countries owing to
their lower-priced tobacco products (Var-Matin 2012).
FRANCE
goods vessels from Turkey typically dock in Port
• Ports with good connections with other transport
71
The four components
SEIZURES AT FRENCH MAIN PORTS
• In August 2012, the Brigade Anti-Crime (BAC) of
North Marseille seized 6,850 cartons (1,370,000
sticks) of American Legend. The cigarettes were
hidden in a car parked near the port of Marseille
(Le Monde du Tabac 2012c).
• Nearly eight tonnes of contraband cigarettes
• Transcrime has surveyed a number of French press
releases concerning assaults on trucks transporting
tobacco to legal retailers. In particular, Altadis Distribution
France’s trucks were assaulted several times in 2012 (Le
Monde du Tabac 2012b). In 2014, Logista declared
that the number of assaults of its trucks was still
increasing (Le Monde du Tabac 2014). In 2015, there
are different cases of assaults to trucks transporting
cigarettes (Le Parisien 2015; FranceSoir.fr 2015). This
(400,000 packs, valued at €1.8 mn) were seized
may indicate that tobacco products are stolen and
at Le Havre port in August 2012. The illicit
then re-sold on the illicit market, evading taxes.
tobacco was concealed among licit goods inside a
commercial container shipped from Singapore (Le
Monde du Tabac 2012d).
• In August 2014, the DGDDI seized 1.7 tonnes
of contraband cigarettes at the port of Calais.
Cigarettes were concealed among other products
in a truck registered in Hungary, waiting to be
boarded on a ferry to the UK (France 3 2014).
•• On-street selling: Barbès (Paris), Noailles
(Marseille), Place Arnaud Bernard (Toulouse).
• On-street selling (vente à la sauvette) occurs in
some city districts in particular, mainly Goutte d’Or
and Barbès in Paris, Place Noailles in Marseille, and
Place Arnaud Bernard in Toulouse (Lalam et al. 2012,
15).
• Tobacco smugglers engage in outdoor trafficking. In
•• Illicit tobacco products smuggled via sea routes
72
are transported along motorways by trucks and
cars.
• Motorways are frequently used by tobacco traffickers
as crucial links between ports and final consumption
markets. In particular, the A1 motorway connecting
Lille to Paris and the A6 connecting Paris to Lyon are
used to transport tobacco to Southern France. Media
releases report a prevalence of seizures at service
stations on the A1 and A6, indicating that these are
specific routes for tobacco smuggling (France 3 2012;
GEOS Business Intelligence 2015).
• There is evidence of increasing use of air transport to
import illegal tobacco into France. In November 2013,
the DGDDI made the record seizures of 815 cartons
of cigarettes at Roissy airport carried by passengers
(DGDDI 2014). Nevertheless, this is still the least
used means for transporting tobacco (DGDDI 2010).
•• Assaults on trucks transporting cigarettes and
robberies of large retailers are frequent in France.
Place Arnaud Bernard, they wait at street corners and
offer cigarettes to passers-by (Cardet 2012). Similarly,
in Boulevard Barbès—Paris’s ‘Marlboro street’—and
in the Goutte d’Or district, smugglers offer cheap
cigarettes and stash the cartons in rubbish bins. They
thus carry only a small quantity of illicit tobacco on
their persons, and their risk of detection diminishes as
a consequence (Nébias and Heriot 2008).
•• The Internet retail of tobacco products is illegal in
France. Nevertheless, this practice is increasing
(Binetruy, Dumont, and Lazaro 2011, 79).
• The expansion of fraud through postal deliveries is linked
to the rise of tobacco retail online. There are around 30
different countries of origin for the tobacco delivered in
France through this channel (DGDDI 2009).
• DGDDI declares that in 2014 4.2% of the cigarettes
seized were ordered via Internet (DGDDI 2015a).
Between 2008 and 2010, there was a 51% increase
in seizures of tobacco products purchased from online
websites. Indeed, in 2010 DGDDI seized 36.1 tonnes
of tobacco compared with the 23.9 tonnes seized in
2008 (DGDDI 2011b). According to industry sources,
in 2012, 30 among 327 tonnes of contraband tobacco
seized by DGDDI, derived from Internet sales and
were sent by post.
Figure 24. ITTP volumes per region, 2015
73
Low [111.9 - 140.1]
Medium-low (140.1 - 192.1]
Medium (192.1 - 309.2]
Medium-high (309.2 - 732.5]
High (732.5 - 1,692.7]
Non-estimated areas
• In the city of Le Mans, in north-western France,
Internet websites are advertised by leaflets distributed
tobacco retailer, based in Belgium, were 25% lower
than French prices (Le Monde du Tabac 2012e; Le
Monde du Tabac 2015c).
•• Transcrime estimates the volume of the ITTP at
regional level in France (Figure 24).
• In 2015, Île de France, Provence-Alpes-Cote
d’Azur and Rhône-Alpes registered the highest ITTP
volumes (1,692.7 mn sticks, 1,416.0 mn and 732.5
mn, respectively). These regions have the highest
population density in France.
FRANCE
on the streets. The prices charged by the online
The geographical distribution
ITTP Volume
The four components
Figure 25. ITTP prevalence in French regions, 2010–2015
ITTP prevalence
(2010-2015)
20
74
2010
2011
2012
2013
2014
2015
ITTP prevalence 2015
Low [9.1 - 9.3]
Medium-low (9.3 - 13.0]
Medium (13.0 - 16.0]
Medium-high (16.0 - 19.6]
High (19.6 - 34.5]
Non-estimated areas
•• The ITTP prevalence (mn illicit cigarettes per
• The highest increase in the prevalence between
100,000 inhabitants) varies across French regions
2006 and 2015 is registered by Provence-Alpes-Côte
(Figure 25).
d’Azur (+113%), Basse-Normandie (+50%) and Île de
France (+40%).
• In 2015, Provence-Alpes-Côte d’Azur, Nord-Pasde-Calais and Languedoc-Roussillon registered
the highest prevalence. All these three areas are
bordering regions and comprise important ports.
Indeed, Marseille is the main city of Provence-AlpesCôte d’Azur (34.4 mn sticks). Its port is a crucial
junction for the national ITTP (Transcrime 2015a).
Nord-Pas-de-Calais (19.6 mn sticks) borders Belgium
and comprises Calais, one of the main arrival points
for illicit cigarettes. Languedoc-Roussillon, with 19.3
mn sticks, borders Spain and Andorra.
75
FRANCE
Framing the components
in the drivers
76
4 Key factors
THE FOUR KEY FACTORS
OF THE ITTP
77
•• Availability: The ease with which both smugglers
This chapter draws on the results of the previous
•• Profitability: The ability of the ITTP to generate
analyses and identifies the key factors of the ITTP.
They constitute the opportunities that can affect the
ITTP. As any other market, also the tobacco market
may create illegal opportunities. The key factors are
the link between the drivers and the components
and consumers to obtain illicit tobacco products.
profits that exceed its operational costs.
•• Risk: The threat of detection/accusation/
conviction and the sanctions imposable to the
actors involved in the ITTP.
of the ITTP: the drivers impact or may impact the
different components of the ITTP through four key
Hereafter, four subsections analyse how the various
factors. Therefore, it is necessary to identify the possible
elements of the drivers influence the demand, supply,
interactions between drivers and components to remove
products, modus operandi and geographical distribution
possible opportunities/vulnerabilities which may ease
of the ITTP.
tobacco products.
The four key factors of the ITTP are:
•• Economic accessibility: The price of illicit tobacco
and particularly its relative price compared to the
price of legal products.
FRANCE
the action of criminal players and shape the illicit trade in
INTRODUCTION: THE FOUR KEY
FACTORS
Framing the components in the drivers
Figure 26. Framing the components in the drivers through the economic accessibility
ECONOMIC ACCESSIBILITY
society
and
economy
Increased
unemployment
legal
market
Worsened
social
conditions
Downtrading
regulation
crime
environment
enforcement
Increasing
taxation and
prices
78
demand
Drivers
supply
Components
ECONOMIC ACCESSIBILITY
products
modus operandi &
geographical distribution
Change of the ITTP
• Given the dual nature of the tobacco market (it is
(Figure 26)
composed of a legal and an illegal part; see above
•• High level of taxation and high prices make illicit
in the price differential between legal and illegal
cigarettes more economically accessible to
consumers.
• Taxation is a key factor in determining the accessibility
of tobacco products because it is one of the main
reasons for the growing prices of tobacco products
(see Regulation, p. 29). Higher taxation on legal
tobacco inevitably increases the relative accessibility
of illicit tobacco and boosts the demand for it. The
overall taxation on cigarettes is high.
Why focus on the ITTP in France? p. 13), the growth
products increases the relative economic accessibility
of illicit tobacco and stimulates the ITTP. In France,
this occurred between 2002 and 2004, when excise
duty on tobacco was raised and cigarette prices rose
significantly, from €3.60 in 2002 to €5.00 in 2004.
•• High unemployment rates and worsened social
conditions may amplify the demand for illicit
tobacco, a more economically accessible product.
• The unemployment rate in France reached 10.1%
• France is a transit point for illicit tobacco bound for the
in 2015 (Banque de France 2015) and the global
UK market. This impacts the geographical distribution
recession and the economic crisis severely hit France.
of the illicit trade in France. Indeed, the quantities
Worsened social conditions and high unemployment
of cigarettes seized are most substantial in large
rates may induce smokers to maintain their smoking
cities on the coastline of the English Channel and in
habits by switching to illicit less expensive tobacco
Southern France on the Mediterranean Sea (DGDDI
products.
2011c; Transcrime 2015a).
• In 2008, the proportion of immigrant descendants
• The high incidence of non-domestic cigarettes
in France was among the highest in Europe,
at French ports suggests that international trade
counting 6.7 million people and representing 11%
practices favour the importation of illicit tobacco
of the population. The median standard of living of
products. The largest seizures occur during
immigrants and immigrant descendants is lower
the dismantling of major international criminal
than that of the general population. The increased
organisations, especially when targeting seaborne
accessibility of illicit tobacco may encourage the
freight. In fact, seizures occur especially in large
demand for illicit tobacco among economically
commercial ports, such as Le Havre, Marseille,
disadvantaged groups (INSEE 2012).
Dunkirk, Calais, Cherbourg and Dieppe, where illicit
tobacco is concealed among licit goods in large
•• Preferences and downtrading trends may increase
the demand for cheaper illicit tobacco through its
economic accessibility.
containers (Lalam et al. 2012; Transcrime 2015a).
•• The availability of illicit tobacco in street markets
increases the demand for illicit tobacco through
• The French market is experiencing a downtrading
the relative easiness of finding them.
decreasing while HRT has increased (Euromonitor
• The easier it is to find and buy illegal products, the
greater the likelihood of their diffusion in a specific
change in sales volume of HRT sales was +11.1%.
area. In France, illicit tobacco products can be found
AVAILABILITY
(Figure 27, p.80)
especially in specific neighbourhoods of metropolitan
areas in Paris, Lyon, Toulouse and Marseille. Illicit
products are available on the streets from blackmarket suppliers. The availability of illicit tobacco is an
•• The proximity of France to countries with cheaper
tobacco products affects the availability of foreign
important factor in its demand (Le Monde du Tabac
2012f).
cheaper tobacco within French borders.
• Areas of the informal economy, such as street
• France’s geographical location in Western Europe
markets, may facilitate the availability and distribution
of illicit tobacco products. Smugglers may sell illicit
cheaper tobacco products, such as Andorra, Spain,
tobacco together with other smuggled products. Polish
Italy, Belgium, Germany and Luxembourg, may
tobacco street sellers in Paris distribute alcoholic
increase the availability of the ITTP in border regions.
beverages, such as vodka and beer, in addition to
Indeed, tobacco products can be legally imported from
discounted Polish cigarettes (Le Monde du Tabac
neighbouring countries at cheaper prices and, in some
2012h).
instances, in excess of the quantities allowed by the
law.
•• The demand for specific tobacco products, such
as waterpipe tobacco, may favour its availability
•• Being at the centre of important East-West
routes may increase the supply of illicit products
by increasing the availability of illicit tobacco
products.
on the black market.
FRANCE
and the presence of neighbouring countries with
International 2015a). Indeed, from 2009 to 2014, the
79
Figure 27. Framing the components in the drivers through the availability
AVAILABILITY
society
and
economy
Street
markets
Waterpipe
bars
legal
market
Lower
prices in
neighbouring
countries
regulation
Supply
chain
control
Plain
packaging
crime
environment
enforcement
Criminal
routes
80
supply
demand
Drivers
Components
• The increase of waterpipe tobacco seizures (+165%
between 2010 and 2014) in France signal that the
products
modus operandi &
Change of the ITTP
•• The introduction of plain packaging could
increase the availability of illicit products.
ITTP also supplies specific products from foreign
countries. Waterpipe tobacco is mainly directed to
• The National Assembly approved on the 25th
waterpipe bars in the Paris region (Négroni 2012;
November 2015 the introduction of plain packaging
DGDDI 2015b).
of cigarettes from May 2016. This could simplify the
•• Supply chain control measures impact on the ITTP
by decreasing the availability of illicit tobacco
products.
• Supply chain control measures, such as tracking
and tracing systems, mandatory licensing for
tobacco retailers and manufacturers, and customer
identification, decrease the availability of illicit tobacco
within French borders.
production of counterfeit products, increasing their
availability on the illicit market (Transcrime 2012, 26).
Figure 28. Framing the components in the drivers through the profitability
PROFITABILITY
society
and
economy
legal
market
Lower
prices in
neighbouring
countries
regulation
High
tax
incidence
crime
environment
enforcement
Criminal
networks,
smuggling
routes
81
Drivers
supply
Components
PROFITABILITY
products
modus operandi &
Change of the ITTP
• The ITTP provides very high incomes because most
(Figure 28)
illicit tobacco products pay no, or very limited, taxes.
•• Taxes account for a large share of the final retail
with the highest fiscal value per weight (Joossens
price of tobacco, making it a highly profitable
product to smuggle (Merriman, Yurekli, and
1998, 149–150). According to experts, cigarette
counterfeiting may yield a return on investment
amounting to more than 40 times the capital invested
(Van Heuckelom 2010 and Gutauskas 2011, 72).
Nevertheless, according to EPSs, counterfeiting is not
a primary concern in the French illicit tobacco market,
with an incidence of 1.3% among non-domestic
cigarettes in 2015.
FRANCE
Chaloupka 2000).
At the same time, cigarettes are the commodity
demand
• In 2015, tax incidence in France was approximately
80.3% of the final retail price of the most popular
brand. The country ranked 7th out of 28 EU countries
for cigarette taxation (European Commission 2015).
A high tax incidence may create profit potentials for
smugglers.
•• The lower retail prices of tobacco products in
neighbouring countries stimulate bootlegging and
smuggling through its profitability.
• Illegal cigarettes in France cost generally €2 less than
legal ones. This leaves high margins for the ITTP.
• Smugglers exploit cross-border tax differentials.
The price of cigarettes in France is higher than in
neighbouring countries, and this may increase the
supply of illicit tobacco and the profitability of the ITTP.
• Importing cheaper tobacco products from
neighbouring countries is a consolidated practice
in France. French people, especially those living in
border departments, frequently purchase cheaper
82
cigarettes abroad. In 2015, the OFDT and INHESJ
estimate that 17% of tobacco in France arrives from
neighbouring countries (and 1% in non-neighbouring
countries) (Lermenier-Jeannet 2015). The low prices
of tobacco products in neighbouring countries may
also encourage bootlegging.
•• The presence of organised criminal groups and
consolidated smuggling routes may favour the
ITTP and increase the profitability of this activity.
Indeed, OC groups may exploit scope economies
among different goods.
• The drug market is the largest French illegal
market (National Gendarmerie 2015). Consolidated
illicit routes used for drug trafficking increase the
opportunities for smugglers to traffic illicit tobacco.
RISK
(Figure 29, p. 83)
•• Law enforcement cooperation, or lack of
cooperation, in the fight against illicit tobacco
may have a significant impact on the ITTP, by
increasing or decreasing the risks for the actors
involved.
• Large seizures of illicit tobacco induce smugglers to
reduce the size of their loads. They transport small
batches of cigarettes so as not to lose the entire load
and to reduce damage in the case of detection and
confiscation (Melzer 2010).
• France’s participation in the European Excise
Movement and Control System (EMCS) project, which
provides the electronic monitoring of movements of
excise goods, including tobacco, may increase the
risks for tobacco smugglers.
• The establishment in February 2009 of the Cyber
Customs (Cyberdouane), aimed at dismantling the
online trafficking of illicit tobacco, and the imposition of
stricter controls over the shipment of tobacco products
by express freight companies (art. 568 ter Code
Géneral des impôts, modified in 2014), may curb
the demand for illicit tobacco by increasing the risks
for purchasers of tobacco products through online
channels.
•• The signing of several MoUs between French
Customs and the tobacco industry increases
the risks for smugglers and impacts the supply
of illicit tobacco and the modus operandi of
traffickers.
• In the past decade, several MoUs have been
signed between DGDDI and tobacco manufacturers
to combat the illicit tobacco trade and cigarette
counterfeiting and to share intelligence information. In
2005 and 2007, Philip Morris International and British
American Tobacco France signed agreements with
French DGDDI in this regard. In 2011, because of
the growing importance of Internet retail for tobacco
products, DGDDI signed two MoUs with Internet sales
operators.
Figure 29. Framing the components in the drivers through the risk
RISK
society
and
economy
legal
market
regulation
Supply
chain
control
crime
environment
Established
smuggling
routes
enforcement
Customsindustry
MoUs
Low
corruption
Existing
penalties
2011
national
action plan
Small
smuggling
rings
EU
cooperation
83
Drivers
Components
•• The French national action plan against cigarette
products
modus operandi &
Change of the ITTP
•• Established smuggling routes may boost the
smuggling may reduce the supply of illicit
supply of the ITTP by diminishing the risks for
tobacco by increasing the risks for smugglers.
criminals.
• The geographical features of France may reduce
against the ITTP. The action plan against cigarette
the risks for cross-border smugglers. France is
smuggling may increase the risks for smugglers and
surrounded by countries with cheaper tobacco
reduce the availability of illicit tobacco. It intends to
products and, considering the high number of French
increase illicit tobacco seizures by at least 15%. The
people crossing the north-eastern and south-western
plan aims at dismantling online trafficking, targeting
borders, the risk of detection for smugglers decreases
hotspots of tobacco smuggling and improving
accordingly.
identification of the origin of seized tobacco through
laboratory analysis and the creation of a specific
database on seized tobacco.
FRANCE
• France introduced in 2011 specific policy actions
supply
demand
•• Existing penalties against tobacco smuggling in
• Proximity to lower-price markets has fostered cross-
France impact the supply and modus operandi of
border purchases of tobacco. The use of personal
the ITTP by increasing the risks for the players.
networks for purchases reduces the risks for the
actors involved.
• Penalties against illicit tobacco trafficking in France
comprise several measures, depending on the
offences committed by the persons involved, i.e.,
•• Supply chain control measures impact the ITTP by
increasing the risks for smugglers.
intellectual property infringement, tobacco contraband,
presence of a criminal association, tax evasion,
• Supply chain control measures include tracking
etc. The likely penalties for these crimes, either
and tracing systems, mandatory licensing for
confiscations, fines or imprisonment, constitute
tobacco retailers and manufacturers, and customer
deterrents against the growth of the ITTP (see box
identification during tobacco sales transactions. They
Hypothetical case, in Enforcement, p. 48).
may increase the risks for smugglers.
• Under the General Tax Law, art. 1791 ter: ‘in the case
of manufacture, possession, sale or transportation of
illicit tobacco, a fine corresponding to one to five times
the amount of duty evaded is imposed on offenders’.
Nevertheless, according to a consumer survey of
2009, the penalties are too high for purchasers and
tend to apply to sellers alone. Hence, consumers feel
they will never be sanctioned for buying illicit tobacco
(Mery 2009).
84
•• A low level of corruption impacts the supply side
of the ITTP by increasing the risks for the actors
involved in the ITTP.
• Low levels of corruption increase the likelihood
of detection/accusation/conviction. The low level
of corruption recorded in France, together with a
relatively limited presence of organised crime activity
(see Crime Environment, p. 39), deters smugglers
by increasing the likelihood of detection/accusation/
conviction.
•• The small structure and modus operandi of
smuggling rings in France impacts the supply of
illicit tobacco by reducing the risks for the actors
involved.
• Street sellers of illicit tobacco show a certain degree
of independence from each other (Lalam et al. 2012).
This autonomy and fragmentation may augment
the supply of illicit tobacco by reducing the risk of
detection for smugglers.
CONCLUSIONS
This report provides the French country profile
•• Legal market: The French tobacco market is one
of the project The Factbook on the Illicit Trade in
of the largest in Europe, Middle East and North
Tobacco Products. The ITTP is a complex phenomenon
Africa, despite the decreasing trend in tobacco sales.
comprising a variety of activities, products and actors.
Whereas France is an important European producer
The analysis of the illicit trade must take account of a
of tobacco leaf, its market is mainly based on imports.
number of factors that may significantly influence it.
Tobacco consumption in France is high in comparison
with the global average. The price of cigarettes
has increased significantly in the past decade. As
ITTP in France. The information gathered originates from
a consequence, an increasing number of smokers
academic literature, grey literature (official reports, studies
buy tobacco products in neighbouring countries or
and papers), open sources and contact with experts and
downtrade to HRT.
stakeholders.
THE FIVE DRIVERS
•• Regulation: The regulation of the tobacco market
is high in France, with a high control on the supply
chain and on tobacco consumption, and a medium-
Chapter 1 (The five drivers) analysed in detail the five
high control on tobacco advertising. The country has
drivers of the ITTP: society and economy, regulation,
one of the strongest anti-smoking lobbies in Europe.
legal market, crime environment and enforcement. The
Overall taxation on cigarettes is high, and the country
five drivers are areas whose structures positively or
has invested a significant amount of resources in
negatively affect the various components of the ITTP.
tobacco control policies.
•• Society and economy: France is a multicultural
•• Crime environment: France has low levels of
crime, corruption and shadow economy. Criminal
inequality rate. Relative poverty among the French
organisations are mainly established in Corsica and
population is low compared with other high-income
Marseille and they often operate in the drug market.
OECD members, and the GDP per capita has
Drug use in the country is high and cannabis is the
increased in the past decade. Nevertheless, the
most used drug.
unemployment rates have grown until 2014. France
spends a large share of GDP on education and health.
FRANCE
country, highly developed and with a low income
85
This report has analysed the multiple facets of the
Conclusions
•• Enforcement: France has efficient law enforcement
with a medium-low number of police personnel,
Tobacco seizures mainly occur at ports in Northern
medium rates of judges, and a large prison
France. Illicit tobacco products are then transported
population. Cooperation between public bodies
on motorways by cars and trucks. The Internet retail
and tobacco manufacturers is strengthened by
of tobacco products is increasing in France, with
agreements between the European Commission and
growing seizures by French Customs. Cross-border
the main tobacco companies operating in France.
purchasing, the practice of buying cheaper tobacco
Moreover, specific agreements in the form of MoUs
products beyond the border, may be an unlawful
have been signed by the French Customs and the
conduct if purchasers exceed the amount allowed by
tobacco industry to tackle tobacco smuggling. There
the law. The ITTP prevalence (mn sticks per 100,000
are partnerships also with European institutions to
inhabitants) is higher in Provence-Alpes-Côte d’Azur,
improve the fight against the unlawful importation of
Nord-Pas-de-Calais and Languedoc-Roussillon.
goods, including tobacco products.
86
•• Modus operandi and geographical distribution:
THE FOUR COMPONENTS OF THE ITTP
FRAMING THE COMPONENTS IN THE
DRIVERS
Chapter 2 (The four components of the ITTP) discussed
Chapter 3 (Framing the components in the drivers)
the characteristics of the ITTP in France by breaking
addressed the interactions between the drivers and the
the illicit tobacco market down into its four components:
components of the ITTP. The analysis identified five key
demand, supply, products and modus operandi and
factors with a fundamental role in shaping the illicit market
geographical distribution.
(economic accessibility, availability, profitability and risk).
•• The demand: Low price is the key factor of the
•• Economic accessibility: The growth in the price
demand for illicit tobacco. Avoiding taxes and buying
differential between legal and illegal products has
tobacco products for €2 less than legal price increases
increased the relative economic accessibility of illicit
the accessibility of these products, and represents
tobacco and stimulated the ITTP. In France, this
an opportunity for tobacco consumers. In France,
occurred between 2002 and 2004, when excise duty
illicit tobacco products can be found on the streets in
on tobacco was raised and cigarette prices increased
specific metropolitan areas.
significantly.
•• The supply: The supply of illicit tobacco is mainly
•• Availability: The easier it is to find and buy illegal
driven by the opportunity to make very high profits
products, the greater the likelihood of their diffusion
with relatively low risks. In France diverse actors
in a specific area. In France, illicit tobacco products
are involved in the ITTP supply chain, from private
are easily available in the metropolitan areas of
individuals and street sellers to more organised
Paris, Lyon, Toulouse and Marseille. Moreover,
groups. Illicit tobacco is mainly sold through grocery
France’s geographical position in Western Europe,
stores, private apartments, markets and the Internet.
the presence of consolidated smuggling routes and
neighbouring countries with cheaper tobacco products
•• The products: DGDDI provided the only official
may increase the availability of ITTP in border regions.
estimate of the illicit tobacco market in 2011. However,
Further, the introduction of plain packaging from May
there are unofficial estimates provided by Euromonitor
2016 could increase the availability of counterfeit
International and KPMG (17.0% and 14.7%,
tobacco products. Conversely, the existence of supply
respectively). The main illicit tobacco products are
chain control measures can decrease the availability
other illicit cigarettes and illicit whites.
of illicit tobacco.
Conclusions
Figure 30. Main interactions between the drivers and the ITTP in France
society & economy
unemployment
Change of the ITTP
street markets
waterpipe bars
legal market
price differentials
downtrading trend
Increase
of the ITTP
regulation
taxation
supply chain controls
plain packaging
crime environment
criminal networks
Decrease
of the ITTP
smuggling routes
low corruption
87
enforcement
existing penalties
Change
of the ITTP
EU cooperation
customs-industry MoUs
•• Profitability: In 2015, tax incidence in France was
Socio-economic conditions in France shape the
approximately 80.3% of the final retail price of the
dimension of the ITTP. Indeed, high unemployment and
most popular brand and the country ranked 7 out of
economic difficulties may induce smokers to maintain their
28 EU countries for cigarette taxation. High taxation
smoking habits by switching to less expensive tobacco
yields high profits for illicit tobacco traders and
products. Moreover, illicit tobacco products are easy to
increases the profitability of the ITTP.
find, they are available on the streets from black-market
th
suppliers. The increase in the demand for waterpipe
tobacco and HRT may also have an impact on its supply
ITTP in France, a low level of corruption, supply chain
on the black market. Notably, these aspects impact
control measures and European cooperation against
mainly on demand and supply through economic
the ITTP, all increase the risks for the actors involved
accessibility and availability.
in tobacco smuggling.
As pointed out, the ITTP is a complex phenomenon with
several determinants. After close analysis on the ITTP
in France, there follow the main findings of the Factbook
(Figure 30).
FRANCE
•• Risk: Increasing law enforcement actions against the
2011 national action plan
Conclusions
The French legal tobacco market, whose prices are
higher than in the neighbouring countries, is crucial in
determining the extent of the ITTP and the demand for
cheaper tobacco products among French people. Indeed,
the French tobacco market is experiencing a downtrading
trend with more and more French people switching to less
expensive tobacco products, such as HRT. Lower price
of legal cigarettes in neighbouring countries also favours
the smuggling and bootlegging of genuine products into
France. Notably, these characteristics mainly impact
demand through economic accessibility and supply
through profitability and availability.
Regulatory interventions, such as plans to raise
taxation on cigarettes, affect the relative price of illegal
products when compared to legal ones. In France,
overall taxation on tobacco products is high, both as tax
incidence on the final retail price and as taxation per
1,000 sticks. These aspects mainly impact demand
and supply through economic accessibility and
profitability of illicit tobacco products. The presence
of tobacco supply chain control measures and customer
identification systems have a negative impact on the ITTP
88
by increasing the risks for those who wish to engage in
tobacco smuggling.
The features of French ‘Crime Environment’,
characterised by a low level of corruption, the presence
of criminal networks with consolidated smuggling routes
and illicit street selling of tobacco (in certain French cities)
shape the extent and dimension of the ITTP. Notably,
these features affect mainly the supply and modus
operandi of the ITTP by increasing or reducing the
risk of engaging in the ITTP.
The ‘Law enforcement’ driver has a significant impact on
the dimension and geographical distribution of the ITTP
in France. Indeed, existing penalties against tobacco
smuggling increase considerably the risks for those
involved in this activity. Moreover, the recent adoption of a
national action plan against the ITTP (2011), the presence
of European law enforcement cooperation and the
MoUs signed between the tobacco industry and French
Customs, all widen the anti-ITTP commitment of France.
Notably, these characteristics mainly impact the
modus operandi and supply of the ITTP by increasing
the risk of taking part in the ITTP.
RECOMMENDATIONS FOR FURTHER
RESEARCH
Considering the relative lack of data, the results of this
study are provisional. They offer a first analysis of the
ITTP in France and show that more research and data
are needed in this field.
•• The importance of illicit HRT requires further
exploration and attention. Indeed, the disparity
between national consumption and sales of HRT,
and the rising number of HRT seizures in France,
suggest that the consumption of illicit HRT may be an
increasing trend.
•• There are no public surveys or studies on the
demand for illicit tobacco products. Identifying the
socio-economic characteristics of consumers and the
reasons for illicit purchasing is fundamental for building
effective strategies, preventing illicit behaviours and
reducing the demand for illicit tobacco.
•• The French government has increased its efforts
against the ITTP by launching a national action plan
against the ITTP in 2011. Assessment of the impact
of this action plans on the various components of the
ITTP may provide information crucial for improving
future national strategies.
•• A better assessment of non-domestic legal and illegal
cigarettes would furnish better understanding of the
dynamics of cross-border purchases.
In conclusion, the results of the study have shown that the
ITTP is a complex and multifaceted phenomenon. Individual
factors, such as socio-demographic status and income, but
also structural conditions—for example, France’s proximity
to countries with lower-priced tobacco products—should be
considered when developing anti-ITTP policies.
Given the complexity and the multitude of factors involved, it
is necessary to develop effective law enforcement and
criminal justice policies. In addition, it is necessary
also to adopt non-criminal measures to prevent illicit
consumption and to reduce smuggling. Finally, the
government should tackle the ITTP, especially in the border
regions and commercial ports regions, with comprehensive
strategies including criminal, non-criminal/administrative,
and other indirect measures, for example, through a wideranging situational crime prevention approach.
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FRANCE - Transcrime

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